VOLUME 10 • NUMBER10 INDEX OF RULES IN THIS ISSUE · NeWJERS'EY 'REGISTER The official publication containing notices of proposed rules and rules adopted by State agencies pursuant

7'HE STATE'S OFFICl.4.L MONTHLY RULES PUBLICATION

BRENDAN T. BYRNE, Governor

Donald Lan, Secretary of State

G. Duncan Fletcher, Director of Administrative ProcedureJohn K. Barnes, EditorPeter J. Gorman. Rules Analyst

VOLUME 10 • NUMBER 10Oct. 5, 1978 • Indexed 10 N.J.R. 413464

(Includes rules filed through Sept. 18. 1978)

INDEX OF RULES IN THIS ISSUE

Cite

AGRICULTUREAmend schedule of milk prices ", .. "",."".. 414(a)Amend brucellosis reactor indemnities" " , , "" 415(a)Amend minimum milk prices" .. """"""", 415(b)Propose Departmental rules changes ,.,'. 416(a)

BANKINGAdopt home mortgage disclosure rules 416(b)

COMMUNITY AFFAIRSPropose real estate disclosure rules ., ,. 416(c)Amendments on capital budget proposals 416(d)Adopt solar tax exemption rules. " ... " . , , 418(a)

EDUCATIONPropose intern certificate changes ,., 418(b)Emergency rule on bus warning lamps., .. , ... 418(c)

ENVIRONMENTAL PROTECTIONPropose Cedar Creek Hood hazard rule .,.' ,.. 419(a)Propose Mullica River hazard rule , 419(b)Propose rules on shore protection , .. ' .. , 419(c)Propose rules on local environmental aid , .. , .. 420(a)Amend shellfish relay program .. , ,., .. , ... 421(a)Emergency rules on shellfish harvest , .. 422(a)Emergency changes on shellfish relay ,. 425(a)Emergency changes on shellfish condemnation .. 425(b)Emergency rule on sea clam preservation 426(a)

HEALTHPropose changes on hospital Gase mix , .. , ..... 426(b)Propose changes on phencyclidine precursors ., 427(a)Propose changes in nursing home education 427(b)Propose changes on refilling prescriptions ,.' 427(e)Propose rule on regional service needs , ,. 428(a)Adopt rules on clinical laboratories 43O(a)

Amendments on podiatrist treatment. , . , , " 430(b)Amend ambulatory care licensing , 430(e)Amend performance standards minimums., 430(d)Amend long-term care licensing , 430(e)Rules on drug acceptance criteria , "... 430(f)

HIGHER EDUCATIONAmend graduate loan program eligibility 431(a)Amend out-of-state petitions on courses , 43l(b)

HUMAN SERVICESPropose rules on administrative appeals. , , ,. 43l(c)Propose changes for domestic violence .,., 432(a)Propose changes in assistance repayments '" 432(b)Amendments to Medicaid Only income .. , 443(a)Amendments on transportation services .. ,..... 443(b)Adopt 1979 vocational rehabilitation plan .. , .. , 443(c)Amendments on unmarried child assistance .,.. 443(d)Amendments on zero purchase households ... , " 443(e)Amendments on companion cases per capita .,., 444(a)Standards for disabled community residences .. 444(b)Amendments on prOViding guardianship ' .. 444(c)Amendments on guardianship mental needs 444(d)Rules on mentally retarded residences , 445(a)

LABOR AND INDUSTRYRule on government unemployment contributions 445(b)

LAW AND PUBLIC SAFETYPropose rule on casino records confidentiality .. 445(c)Propose rule on dispensing amphetamines ., 446(a)Propose rule on diagnostic center standards, 446(b)Adopt temporary veterinary permit fee ..... , .. 447(a)

ENERGYAmend rules on energy conservation, " .. 447(b)

(Continued on back eover)

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NOTICES OF RULE-MAKING ACTIVITIES OF STATE AGENCIES

Ca)

AGRICULTUREDMSION OF DAIRY INDUSTRY

Amended Schedules of Milk Prices

On September 8, 1978, Woodson W. Moffett Jr., Directorof ,the Division of Dairy Industry in the Department ofAgriculture, pursuant to authority of N.J.S.A. 4:12A-1 etseq. in keeping with the provisions of the Finding of Factwhich was entered in 1969 and affirmed by the New Jersey

Supreme Court in Garden State Farms v. Mathis (61 N.J.R.406, 294 A2d 713, 1972), and in accordance with applicableprovisions of the Administrative Procedure Act, adoptedamendments concerning the schedule of milk prices, whichreplace the current text of N.J.A.C. 2:53-1.2 and 2:53-1.3.

Full text of the adoption follows:

2:53-1.2 Schedule 69-1N; North Jersey(a) Schedule 69-1N is as follows:1. Minimum prices for fluid whole milk sold out-of-stores

and vending machines for off-premises consumption andon home-delivery routes.

(Cents Per Unit)

1 2 3 4 5 6M. A. Order $10.48 $10.67 $10.86 $11.05 $11.24 $11.43

No.2 to to to to to toClass I Price 10.66 10.85 11.04 11.23 11.42 11.61Quart 38.5 39 39.5 40 40.5 41Half Gallon 72 73 74 75 76 77Gallon 138 140 142 144 146 148

7 8 9 10 11 12M. A. Order $11.62 $11.81 $12.00 $12.19 $12.38 $12.57


13 14 15 16 17 18M. A. Order $12.76 $12.95 $13.14 $13.33 $13.52 $13.71


19 20 21 22 23 24M. A. Order $13.90 $14.09 $14.28 $14.47 $14.66 $14.85


Larger-than-gallon: The quart equivalent of the minimumprice for gallon containers minus $0.01 per quart multi-plied by the number of quarts in the unit.

The official publication containing notices of proposed rules and rules adopted by StateNeW JERS'EY 'REGISTER agencies pursuant to the New Jersey Constitution, Art. V, Sec. IV, Para. 6 and the Adminil·

trative Procedure Act, NJ's.A. 52:14B·l et seq. Issued mOBthly since September, 1969.Material published in the New Jersey Register is the property of the State of New Jersey. However, it may be copied, reproduced or repub·lished by any person for any purpose whatsoever without the permission of the Director of Administrative Proced.re, providing that 110

.uch reproduction or republication shall bear the title "New Jersey Register" or "Offici6/. Rules Publication" without the written permissiolloJ the Director of Administrative Procedure.

The New Jersey Register is published the first Thursday after the first Monday of each month by the Division of Administrative Procedureof the Department of State, 10 North Stockton Street, Trenton, New Jersey 08608. Telephone: (609) 292·6060. Subscriptions, payable inadvance, are one year, $12.00, monthly back issues, $1.25. Make check or money order payable to: Div. of Administrative Procedure.

The NEW JERSEY ADMINISTRATIVE CODE i. publilhed on a continuing baBis by the same Divi.ion. Subscription ra&e8lor Ihl. 29-f1olume, replarly-updated .et 01 all State administrative rules are available on request. The Code is sold eitherill duJ fuU set or in one to three volumes depending on the Departmental coverage desired.

(CITE 10 N.J.R. 414) NEW JERSEY REGISTER, THURSDAY, OCTOBER 5, 1978


2:53-1.3 Schedule 69-1S; South Jersey(a) Schedule 69-1S is as follows:1. Minimum prices for fluid whole milk sold out~of-stores

and vending machines for off-premises consumption andon hom~elivery routes.

(Cents Per Unit)

1 2 3 4 5 6M. A. Order $11.07 $11.26 $11.45 $11.64 $11.83 $12.02

No.4 to to to to to toClass I Price* 11.25 11.44 11.63 11.82 12.01 12.20Quart 38.5 39 39.5 40 40.5 41Half Gallon 72 73 74 75 76 77Gallon 138 140 142 144 146 148

7 8 9 10 11 12M. A. Order $12.21 $12.40 $12.59 $12.78 $12.97 $13.16

NO.4 to to to to to toClass I Price* 12.39 12.58 12.77 12.96 13.15 13.34Quart 41.5 42 42.5 43 43.5 44Half Gallon 78 79 80 81 82 83Gallon 150 152 154 156 158 160

13 14 15 16 17 18M. A. Order $13.35 $13.54 $13.73 $13.92 $14.11 $14.30


19 20 21 22 23 24M. A. Order $14.49 $14.68 $14.87 $15.06 $15.25 $15.44


*Including direct delivery differential pursuant to section 1004.83 of Federal Order Number 4.

Larger-than-gallon: The quart equivalent of the minimumprice for gallon containers minus $0.01 per quart multiplied by the number of quarts in the unit.

(a)

AGRICULTUREDIVISION OF ANIMAL HEALTH

Amendments on Limits of IndemnitiesFor Brucellosis Reactors

On September 1, 1978, Phillip Alampi, Secretary ofAgriculture, pursuant to authority of N.J.S.A. 4:5-93.22,4:5-93.32 and in accordance with applicable provisions ofthe Administrative Procedure Act, adopted amendmentsto N.J.A.C. 2:2-2.15(b), concerning limits of indemnitiesfor brucellosis reactors, as proposed in the Notice published August 10, 1978, at 10 N.J.R. 314(a).

An order adopting these amendments was filed and be-came effective on September 1, 1978, as R.1978 d.302.

G. Duncan FletcherDirector of Administrative ProcedureDepartment of State

An order adopting these amendments was filed and became effective on September 13, 1978, as R.1978 d.318(Exempt, Procedure Rule).


(b)

AGRICULTUREDIVISION OF DAIRY INDUSTRY

Amended Minimum Milk Prices

On September 8, 1978, Woodson W. Moffett Jr., Directorof the Division of Dairy Industry in the Department ofAgriculture, pursuant to authority of N.J.S.A. 4:12A-1 etseq. and in accordance with applicable provisions of theAdministrative Procedure Act, adopted amendments concerning minimum milk prices, which replace the currenttext of N.J.A.C. 2:53-1.1(b).


2:53-1.1(b) Effective October 1, 1978, minimum milk pricesunder Order 69-1 will be $.42 per quart, $.79 per half gallon, and $1.52 per gallon. This amendment shall be effective from and after October 1, 1978.

NEW JERSEY REGISTER, THURSDAY, OCTOBER 5, 1978 (CITE 10 N.J.R. 415)


An order adopting these amendments was filed on September 13, 1978, as R. 1978 d.317 (Exempt, ProcedureRule), to become effe.ctive October 1,1978.


(aJ

AGRICULTUREBOARD OF AGRICULTURE

Proposed Amendments to Rules of the Department

The Board of Agriculture of the Department of Agri.culture, pursuant to authority of N.J.S.A. 4:1"11 et seq. proposes to amend various rules concerning the Departmentin Title 2 of the New Jersey Administrative Code.

This proposal will eliminate obsolete, out"Of-date andredundant rules, modernize others to reflect the currentorganizational structure of the Department and of theUnited States Department of Agriculture, correct typographical errors and any errors in citations.

These proposed changes are the result of the thoroughreview mandated by Governor Brendan T. Byrne in Executive Order Number 66, which ordered each State agencyto review its rules for "necessity, adequacy, reasonableness, efficiency, understandability and responsiveness."

Copies of the 75 pages of full text of the proposal maybe obtained by contacting:

Kathryn A. Olark, ChiefHearings and Administrative PracticesDepartment of AgricultureP. 0 Box 1888Trenton, New Jersey 08625

Interested persons may present statements or argumentsin writing relevant to the proposal on or before OCtober25, 1978 to the above-named person.

The Board of Agriculture may thereafter adopt rulesconcerning this subject without further notice.

Phillip AlampiSecretaryDepartment of Agriculture

(bJ

BANKINGTHE COMMISSIONER

Adopt Home Mortgage Disclosure Rules

On September 1, 1978, Angelo R. Bianchi, Commissionerof Banking, pursuant to authority of N.J.S.A. 17:16F-11and in accordance with applicable provisions of the Administrative Procedure Act, adopted amendments to N.J.A.C. 3:1-9.1 et seq., concerning the home mortgage disclosure rules, as proposed in the Notice published August 10, 1978, at 10 N.J.R. 314(c).

An order adopting ~hese amendments was filed andbecame effective on September 1, 1978, as R.1978 d.304.


(cJ

COMMUNITY AFFAIRSTHE COMMISSIONER

Proposed Rules on Planned Real EstateDevelopment Full Disclosure Act

Patricia Q. Sheehan, Commissioner of Community Affairs, pursuant to authority of N.J.S.A. 45:33A-21 et seq.,proposes to adopt new rules concerning the planned realestate development full disclosure act. Suoh rules, ifadopted, will be cited as N.J.A.C. 5:26-1.1 et seq.

The proposed rules concern the registration of plannedreal estate developments, retirement communities, andconversions, advertising standards, contract provisions,warranties, nonbinding reservation agreements and association management.

Copies of the 49 pages of full text of this proposal maybe obtained from or made available for review by oontading:

Bureau of Housing and Renewal ServicesDepartment of Community AffairsP.O. Box 2768Trenton, N.J. 08625

---Interested persons may present statements or ,arguments

in writing relevant to the proposed action on or beforeOctober 25, 1978, to Bureau of Housing and Renewal Servic,es, at the above address.

The Department of Community Affairs may thereafteradopt rules concerning this subject without further notice.

Patricia Q. SheehanCommissionerDepartment of Community Affairs

(dJ

COMMUNITY AFFAIRSLOCAL FINANCE BOARD

Amendments Concerning Capital BudgetsAnd Capital Improvement Programs

On September 14, 1978, the Local Finance Board in theDepartment of Community Affairs, pursuant to authorityof N.J.S.A. 52:27BB-1 et seq. and in accordance with applicable provisions of the Administrative Procedure Act,adopted emergency amendments which deleted in theirentirety the current text of Chapter 34, Capital BudgetManual, and Subchapter 4, Capital Budgets, in Chapter 30of Title 5 of the New Jersey Administrative Code andadopted new text concerning capital budgets and capitalimprovement programs.

Such new nIles will be cited as N.J.A.C. 5:30-4.1 et seq.Chapter 34 will now ,be marked as "Reserved."

Full text of the new rules follows:

SUBCHAPTER 4. CAPITAL BUDGETS AND CAPITALIMPROVEMENT PROGRAMS

5:30-4.1 Authority and application(a) This regulation is adopted by the Local Finance

Board pursuant to its powers authorized at N.J.S.A.52:27BB-10, 52:27BB-32, and 4OA:4-43 to 45.



(h) This regulation shall apply to all local units, and itshall be the duty of the governing body of each local unitto comply.

5:30-4.2 DefinitionsThe following words and terms, when used in this sub

chapter shall have the following meanings unless the context clearly indicates otherwise.

"Local unit" means any county or municipality."Capital budget" means the first year of a capital pro

gram."Capital program" means a moving, multi-year plan and

schedule for capital projects, including prospective financing sources and, when pertinent, first year operating costsand savings.

"Capital project" means any of the following, with anexpected useful life of five years or more and a prospective individual or (when added to the cost of other suchitems as are listed below) cumulative cost in any year of$25,000 or more, regardless of the financing sources:

1. Acquisition and/or development of land;2. Acquisition of major equipment, furniture, or other

personal property;3. Acquisition, ,construction, improvement and/or reno

vation of buildings, roads, utilities, structures, improvements or public works;

4. Any other matter described in N.J.S.A. 4OA:2-22."Financing sources" means any of the following, in .any

combination, from which moneys are provided to financecapital projects:

1. Appropriations in the annual budget(s) of the current,utility or enterprise, capital or other fund;

2. Bonds or notes;3. Appropriations from the Capital Improvement Fund

or any other funds or reserves;4. State or Federal aid;5. Private contributions, bequests, etc."Annual budget" means the Official Budget required

to be adopted by the Local Budget Law, and which forpurposes of this regulation includes a separate sectionknown as the Capital Budget and Capital ImprovementProgram.

"Director" means the Director of the Division of LocalGovernment Services or his designated representative.

5:30-4.3 When required(a) Every local unit shall prepare and adopt a capital

budget, in conjunction with its annual operating budget,for any year in which it proposes to undertake a capitalproject. Inclusion of the following in the annual budgetfor the year shall, as a minimum, demonstrate the necessity of adopting a capital budget: appropriations for capital improvement fund, specific capital line items or downpayments.

(b) No local unit shall adopt a hond ordinance unless:1. It has already adopted a capital budget as part of

the annual budget; or2. If prior to final adoption of the annual budget, by

adoption of a temporary capital budget which subsequently shall be included in the annual hudget; or

3. If a need is determined after adoption of the annualbudget, by adoption of a capital budget or an amendmentto the capital budget.

(c) Every local unit which adopts a capital budget shallalso adopt a capital program, as provided below, or add ayear to an existing capital program to replace the budgetyear. The capital program shall be submitted to the director with the capital budget.

5:30-4.4 Method of adoption(a) Any capital hudget or capital improvement program

that is to be adopted shall:1. Be assembled and prepared by the officer(s) respons

ible for preparing the annual hudget, provided that theprovisions of N.J.S.A. 40:55D-29, permitting the governingbody to authorize the planning board to prepare a suggested capital improvement program, are considered.

2. Be adopted by the affirmative vote of a majority ofthe full authorized membership of the governing body.

3. Be referred to the planning board, if it affects theadopted master plan, at least 45 days prior to adoption.(See N.J.S.A. 40:55D-31 for full provisions.) Observanceof this requirement would suggest notification to the planning hoard by January 10 for counties and February 3for municipalities.

4. Be treated as part of the Official Budget and shall bepublished as part of it.

5. When an initial adoption or amendment is needed outside of the nomal budget adoption procedure, the followingshould be observed:

i. Planning board review: As described above, this Isoptional at governing body dis,cretion per N.J.S.A. 40:55D29; except that it is mandatory per N.J.S.A. 4O:55D-31 ifthe project affects the master plan (Consult local attorneyfor guidance.);

ii. Use of the standard forms described below;iii. Adoption by resolution;iv. Same majority vote;v. Publication in local newspaper;vi. Filing with the Director for review and certification.

5:30-4.5 Forms and content(a) The director shall provide forms as part of the an

nual budget document. These forms are mandatory, except that the director, at his discretion, may authorizethe use of other forms that provide substantially the sameinformation. Prior written approval shall be sought.

(b) The capital budget shall include by title all projectsscheduled for startup in the current budget year or forcontinuation/completion from prior years, the amountsappropriated and the anticipated financing by source andamount.

(c) Capital program forms rules are:1. The capital program shall include by title all projects

anticipated for the budget year and two or more additionalyears, as provided below, with the estimated costs andthe anticipated financing by sources and amounts:

Population Minimum Program Period

Under 10,000 3 yearsOver 10,000 . . . . 6 years

2. A municipality with population under 10,000 may discontinue annual capital program submissions whenever Itshall, in compliance with the terms of this regulation,have had no capital budgets for three consecutive years;provided, that the capital program shall be reinstatedwhen a capital budget is adopted.

5: 30-4.6 Review and certification(a) The director shall, as part ·of his review of each local

unit's annual budget, determine whether a capital budgetand program are required, and if so, whether it has beenincluded in the proper form. This review shall not extendto any determination as to the sufficiency or wisdom ofits content.

{b) H the required capital budget and programs are notincluded in accordance with the requirements of this



regulation, approval of the entire budget may be withheld,pending local corrective action.

5:30-4.7 Capital expenditures proscribedPursuant to N.J.S.A. 40A:4-44, no local unit shall make

appropriations or authorize expenditures or obligations forcapital projects in the absence of an adopted capital budget or other than in accordance therewith, except for thepreliminary eXipenses of plans, specifications, and estimates.

5:30-4.8 nirector's actionThe director is authorized to advise local units of the

requirements and purposes of this regulation, to issue suchforms and provide such guidance as may be necessary,and to take such other steps as may, in his judgment, benecessary to effectuate the purposes of this regulation inlight of the need for orderly overall fiscal administration.

5:30-4.9 Transitional provisionsAny local unit that has not enacted a ,capital improve

ment program (capital budget) in 1978 as required by theprovisions of N.J.A.C. 5:34-9 which have been rescindedshall not be relieved of any such obligation. Copies ofthe old 5:34-9 regulation will be available from the secretary to the Local Finance Board for local units desiring toadopt capital improvement programs (budgets) prior toDecember 31, 1978. This Transitional Provision 5:30-4.9shall expire and be rescinded as of January 1, 1979, without further action by the Local Finance Board.

An order adopting these amendments was filed andbecame effective on September 14, 1978, as R.1978 d.322(Exempt, Emergency Rule).

G. Duncan Fletchernirector of Administrative ProcedureDepartment of State

(a)

COMMUNITY AFFAIRSTHE COMMISSIONER

Rules on Tax Exemption for Solar Facilities

On september 15, 1978, Patricia Q. Sheehan, Commissioner of Community Affairs, pursuant to authority ofP.L. 1975, c. 217, as amended, and in accordance with applicable provisions of the Administrative Procedure Act,adopted new rules, to be cited as N.J.A.C. 5:23-6.1 et seq.,concerning tax exemptions for solar facilities, as proposedin the Noti"e published June 8, 1978, at 10 N.J.R. 222(b).

An order adopting these rules was filed and becameeffective on September 18, 1978, as R.1978 d.334.

G. Duncan Fletchernirector of Administrative P,rocedureDepartment of State

(b)

EDUCAnONSTATE BOARD OF EOUCATION

Proposed Amendments on Intern Certificates

The State Board of Education, pursuant to authority ofN.J.S.A. 18A:6-38, proposes to amend N.J.A.C. 6:11-4.5,concerning rules for the issuance of the Intern certificate.

The Intern Certificate is used to cover half-year or fullyear assignments in public schools for students who arein Master's programs leading to initial teaching certification. The certificate is for one year's duration, but in thecase of special circumstances or innovative programscertificates could be renewed after appropriate review bythe Bureau of Teacher Education and Academic Credentials.

Full text of the proposal follows (additions indicated inboldface thus; deletions indicated in brackets [thus]):

6: 11-4.5 Intern certificate(a) The Commissioner of Education, upon recommenda

tion of the State Board of Examiners, may approve ,undergraduate or graduate programs of ,teacher education, including periods of apprenticeship or internship, may authorize local school districts to affiliate as teacher trainingcenters with such ,approved programs, and may authorizeissuance of intern ,certificates to the students engaged insuch programs.

(b) An intern certificate is valid for the school year inwhich it is issued, but may be renewed [by the college inaccordance with procedures established] under specialcircumstances as determined hy the Bureau of TeacherEducation and Academic Credentials.

Interested persons may present statements or argumentsin writing relevant to the proposed action on or beforeOctober 25, 1978, to:

Lorraine L. ColavitaExecutive Assistant for Administrative

Practice and ProcedureDepartment of Education225 West State StreetTrenton, N.J. 08625

'I1he State Board of Education may thereafter adopt tlieseamendments substantially as proposed without furthernotice.

Fred G. BurkeCommissioner of EducationSecretary, State Board of Education

(e)

EDUCATIONSTATE BOARD OF EOUCATION

Emergency Rule on School BusStrobe Warning Lamps

On September 6, 1978, the State Board of Education,pursuant to authority of N.J.S.A. 18A:39-21 and in accordance with applicable provisions of the AdministrativeProcedure Act, adopted an emergency rule concerningschool bus strobe warning lamps.

Present regulations require all new buses to be equippedwith strobe warning ,lamps. New buses are ready fordelivery, except for the installation of strobe lamps.Strobe lamps are manufactured by only one companyand are in short supply. The temporary suspension ofthe regulation mandating strobe lamps will enable manufacturers to install incandescent lamps, thus allowing fordelivery of new buses and the alleviation of a possibleshortage of pupil transportation.




6:21-19.Hh) The Commissioner of Education may, underjustifiable circumstances, allow the substitution of incandescent warning lamps until November 6, 1978.

An order adopting this rule was filed and became effective on September 6, 1978, as R.1978 d.306 (Exempt,Emergency Rule).


Ca)

ENVIRONMENTAL PROTECTIONTHE COMMISSIONER

Proposed Rule on Flood Hazard AreaFor Portion of Cedar Creek

Daniel J. O'Hern, Commissioner of the Department ofEnvironmental Protection, pursuant to the authority ofN.J.S.A. 13:1D-l et seq. and N.J.S.A. 58:16A-50 et seq.,proposes to adopt the flood hazard area limits along theCedar Creek from U.S. Route 9 upstream to the outlet ofBamber Lake, just above Lacey Road within the Townships of Berkeley and Lacey, Ocean County, as delineatedby the Water Policy and Supply Council pursuant to N.J.S.A.58:16A-52.

Such rule, if adopted, will be cited as N.J.A.C. 7:13-1.12.The Water Policy and Supply Council is proposing to

adopt the aforesaid flood hazard area delineation and willhold a public hearing on the matter on Wednesday, September 27, 1978, 8:00 p.m., at tJhe Lacey Township Municipay Building.

All relevant information and documents are availablefor inspection during normal working hours at the officesof the Bureau of Flood Plain Management, Division ofWater Resources, P.O. Box CN-029, 1474 Prospect Street,Trenton, New Jersey 08625.

Such proposal is known within the Department of Environmental Protection as Docket No. DEP 035-78-09.

Interested persons may submit arguments, statementsor ,comments relevant to the proposedadion in writingon or before October 25, 1978 to John H. O'Dowd, Chief,Bureau of Flood Plain Management, at the above address.

The Department of Environmental Protection, upon itsown motion or at the instance of any interested party,may thereafter adopt this delineation substantially 'asproposed without further notice.

Daniel J. O'HernCommissionerDepartment of Environmental Protection

Cb)


Proposed Rule on Flood Hazard AreaFor Portion of Mullica River

Daniel J. O'Hern, Commissioner of the Department ofEnvironmental Protection, pursuant to the authority ofN.J.S.A. 13:1D-1 et seq. and N.J.S.A. 58:16A-50 et seq.,proposes to adopt the flood hazard area limits along the

Mullica River from State Highway #542 upstream to theoutlet of Atsion Lake, just above U.S. Highway #206within the Town of Hammonton and the Township of Mullica in Atlantic County and the Townships of Shamongand Washington, BurlingtonCountY,as delineated by theWater Policy and Supply Council pursuant to N.J.S.A.58: 16A-52.

Such rule, if adopted, will be cited as N.J.A.C. 7:13-1.13.The Water Policy and Supply Council is proposing to

adopt the aforesaid flood hazard area delineation and willhold a public hearing on this matter on Wednesday, September 27, 1978, 10:00 a.m., at the office of the Divisionof Water Resources, 1474 Prospect Street, Trenton.

All relevant information and documents are availablefor inspection during normal working hours at the officesof the Bureau of Flood Plain Management, Division ofWater Resources, P.O. Box CN-029, 1474 Prospect Street,Trenton, New Jersey 08625.


Interested persons may submit arguments, statementsor comments on this proposal relevant to the proposedaction in writing on or before October 25, 1978 to John H.O'Dowd, Chief, Bureau of Flood Plain Management, atthe above address.

The Department of Environmental Protection, upon itsown motion or at the instance of any interested party,may thereafter adopt this delineation substantially asproposed without further notice.


(e)


Proposed Rules on Shore ProtectionConstruction Restoration Projects

Daniel J. O'Hern, Commissioner of the Department ofEnvironmental Protection, pursuant to authority of the"Beaches and Harbors Bond Act of 1977" P.L. lfT17,c. 208,N.J.S.A. 12:6A-1 et seq., proposes to adopt regulationswhich have been prepared to establish procedures forgoverning the operation of shore protection constructionprojects 'and resear,ch design programs that are financed,in part or in whole, by funds from the Beaches andHarbors Fund.

The rules presrcibe procedures for application, selection, award and administration of matching grants anddesign or ,construction contracts; provide guidance fordetermining site specific considerations for locating shoreprotection structures; establish policies and proceduresfor distribution of operational funds for the purpose ofmaking State matching grants to local governmentalagencies for the planning, design and construction ofshore protection facilities, dune restoration and beachfillprojects; establish procedures for contract agreementsand payments for consulting engineers and constructioncontractors. Also, the rules provide guidance in developing a comprehensive shore protection plan.

Such rules, if adopted, will ,be cited at N.J.A.C. 7:7F-1.1et seq. and are known within the Department of Environmental Protection as Docket 041 78-09.

NEW JERSEY REGISTER, THURSDAY, OCTOBER 5, 1978" (CITE 10 N.J.R. 419)


The Department invites and encourages public comment on this proposal. Copies of the proposed rules maybe obtained from:

Bernard J. Moore, SupervisorDepartment of Environmental ProtectionDivision of Marine ServicesOffice of Shore ProtectionP.O. Box 1889Trenton, N.J. 08625

Interested persons may present comments in writingrelevant to the proposed rules on or before October 25,1978, to the Department, at the above address. Oralstatements may be presented at the public hearings tobe held as indicated below:

Tuesday: October 107:30p.m.Ocean City Music PierMorlyn TerraceOcean City, N.J. 08226(609) 399-6111

Wednesday: October 117:30p.m.Board of Agriculture Buildingffighway 77, R.F.D. #5Bridgeton, N.J. 08540(609) 451-1500

Thursday, October 127:30p.m.Ocean County CollegeHooper AvenueToms River, N.J. 08753(609) 255-4000

The Department may thereafter adopt these rules sub-stantially as !>roposed without further notice.


(a)


Proposed Rules on State AidTo Local Environmental Agencies

Daniel J. O'Hern, Commissioner of Environmental Protection, pursuant to authority of N.J.8.A. 13:1H-1 et seq.,13:1D-l et seq., and P.L. 1978 c. 60, proposes to adopt newrules concerning grants for the Urban Neighborhood Environmental Assistance Program.


Full text of the proposal follows:

CHAPTER 37. URBAN ENVIRONMENTAL AID

SUBCHAPTER 1. URBAN NEIGHBORHOODENVIRONMENTAL ASSISTANCEPROGRAM

7:37-1.1 Short titleThis program shall be referred to as the Urban Neigh

borhood Environmental Assistance Program.

7:37-1.2 Administrative findingsIn order to assist in meeting the acute need in New

Jersey for revitalization and enhancement of the physicaland social environment in urban areas, funds have beenprovided for aid to environmental agencies for urbanenvironmental concerns. This program will provide municipalities with an opportunity to improve communities,thus making them better places to live.

7:37-1.3 DefinitionsThe following words and terms, when used in this sub

chapter, shall have the following meanings unless thecontext clearly indicates otherwise.

"Department" means the New Jersey Department of Environmental Protection.

"Environmental commission" means a legally constituted municipal environmental commission pursuant toR.S. 4O:56A-l et seq. or a county environmental agency.

"Soil conservation district" means a district office ofthe 15 Soil Conservation Districts created pursuant toR.S. 4:24-7.

"Urban Neighborhood Environmental Assistance grant"means a state grant not exceeding $2,500 per year, perapplicant. These grants shall be 50% matching grants tothe applicant's 50% share (pursuant to EnvironmentalAid Act, P.L. 1972 c. 49).

7:37-1.4 Eligible recipientsAny municipal environmental commission, county en

vironmental agency or Soil Conservation District representing a population density of 5,000 or more personsper square mile, or 25,000 or more total population, iseligible to make an application for an UI1ban Neighborhood Environmental Assistance grant under this program.No other person or legal entity is so eligible.

7:37-1.5 Eligible projects(a) Eligible Urban Neighborhood Environmental As

sistance Program projects may include, but are notlimited to:

1. Artworks in public places (e.g. murals, fountains,sculptures) ;

2. Street scaping (e.g. plant materials, street furniture);3. Flower gardens;4. Neighborhood playgrounds and sitting areas;5. Multiple-use facilities whose programmed uses will

be coordinated by the applicant (e.g. farmer's market,floral or art exhibit and sale). These areas shall bepassive sitting areas when not programmed for use.

(b) All projects must include input in the planningphase from local residents in accordance with section1.11 (Public Participation) of this subchapter.

(c) All development projects shall be designed for aminimum life expectancy of five years commencing withinsix months of any grant made pursuant to this subchapterunless written approval for a later time is issued by theDepartment.

(d) A development project must be located on lands or instructures owned by the municipality where the projectwill be developed or must be under lease from a privateowner for a minimum of five years.

7:37-1.6 Application procedures(a) Applications can be submitted at any time, how

ever, they will be reviewed biannually by the Department.The deadline for initiating such biannual review shall beFebruary 1 and October 1 of each calendar year.

(b) In reviewing applications for approval and in establishing priorities, the Department shall consider all criteria it deems apPl'opriate including, hut not limited to,the following:

(CI'l'E 10 N.J.R. 420) NEW JERSEY REGISTER, THURSDAY, OCTOBER 5, 1978


1. Benefits of any project to neighborhood or a com-munity as a whole;

2. Demonstration of community support;3. Community involvement in planning;4. Impact on environmental quality;5. Project innovation;6. Potential for continuation of project;7. Capability for maintenance and operation of project.(c) Applications shall be made on forms provided by

the Department, must include all information required,and must be submitted in the manner specified by theDepartment.

(d) The applicant must submit to the Department twocopies of the following documents by such date:

1. A complete application form;2. A detailed narrative description of the project for

which funds are sought;3. A statement of the project's purpose or objective;4. An estimated budget showing all sources of funding

and/or donations;5. A copy of the resolution of the sponsoring commission;6. A sketch plan of the proposed mural design or project

development;7. A graphic illustration of the project;8. A municipal street map showing the location of the

project site;9. A statement of public participation;10. The name of an individual municipal official or

office who will ,be responsible for the long-term coordination of the Urban Neighborhood Environmental AssistanceProgram project, its maintenance and use control;

11. Any additional material or information the Department deems necessary.7:37-1.7 Funding

(a) An applicant may seek grants up to $2,500 per fiscalyear. The funding of the total project cost will be 50 percent by the local community and 50 per cent by the State.

(b) Subsequent to project application approval, paymentof grant funds will be made after audit of the completeproject. No interim or advance payments ,will be made.

(c) Grant applications shall contain a narrative description of long-term maintenance plans for each completed Urban Neighborhood Environmental AssistanceProgram project over the e:lq)ected life of the project.

(d) Should such maintenance plans not 'be adhered toby the responsible person, as set forth in the grant application, or should the project be otherwise neglected, poorly maintained or allowed to fall into a state of neglect ordisrepair, then all monies previously granted by theDepartment shall immediately become due and owing andshall be repayed to the Department by the applicant orthe governing body of the municipality in which the project is located.7:37-1.8 Project provisions

(a) Designs for projects must be solicited from mem'bers of the community. The final decision shall be madeby the applicant.

,(b) Use of the facility shall not be restricted in any wayon the basis of race, creed, color, sex or nationality.

(c) No admittance fees shall be charged for any projectfunded by a Urban Neighborhood Environmental Assistance Program grant.

(d) A sign shall be posted indicating that the projectwas developed with a Urban Neighborhood EnvironmentalAssistance Program grant.

(e) Periodic site inspections shall be made by the Department, additional conditions for continued approvalmay be imposed as a result of such inspections.

7:37-1.9 Change of status(a) No project shall be changed or its use diverted

within the contracted (five-year) period without consultation with the Green Acres Administration and written approval of the Department.

(b) The applicant will be responsible for the maintenance and operation of the facility and will be liablefor repayment of grant funds if not properly administeredin accordance with section U(d) of this subchapter.

7:37-1.10 LiabilityThe applicant, its servants, licenses, agents or invitees

shall accept all liability arising out of the use of the projectproperty.

7:37-1.11 Public participation(a) In order to obtain approval for a grant under this

subchapter, an applicant must show evidence of publicparticipation including, but not limited to, the following:

1. Written notice to all residents and property ownerswithin 200 feet of the project location.

2. Written notice in a newspaper of local circulation.3. Written notice to the governing body of the munIci

pality.4. A public meeting within the municipality ,where ,the

proposed project will be located.

Interested persons may present statements or ,argumentsin writing relevant to the proposed action on or beforeNovember 1, 1978, to:

Curt J. Hubert, DirectorGreen Acres ProgramDepartment of Environmental ProtectionP.O. Box 1390Trenton, N.J. 08625

The Department of Environmental Protection maythereafter adopt rules concerning this subject withoutfurther notice.


(a)


Amendments on Expanded Shellfish Relay Program

On August 25, 1978, Daniel J. O'Hern, Commissioner ofEnvironmental Protection, pursuant to authority of N.J.S.A. 24:14-3 and in accordance with applicable provisionsof the Administrative Procedure Act, adopted amendments to N.J.A.C. 7:25-1:5.1, concerning the expandedshellfish relay program, substantially as proposed in ,theNotice published July 6, 1978, at 10 N.J.R. 275(a), butwith subsequent, substantive ohanges not detrimental tothe public, in the opinion of the Department of Environmental Protection.

Such amendments are known within the Department ofEnvironmental Protection as Docket No. DEP 024-78-06.

An order adopting these amendments was filed on August 28, 1978, as R.1978 d.298, to become effective September 5, 1978.




(a)


Emergency Rules on Shellfish HarvestPermits and the Relay Program

On August 25, 1978, Daniel J. O'Hern, Commissioner ofEnvironmental Protection, pursuant to authority of N.J.S.A. 24:14-1 et seq. and in accordance with applicableprovisions of the Administrative Procedure Act, adoptedemergency rules which amended N.J.A.C. 7:12-2.7, concerning shellfish harvest permits and ,the relay program.

This adoption is known within the Department of Environmental Protection as Docket No. DEP 034-78-08.


7: 12-2.7(h) The purpose of Permit No. 5a ("Harvest,Buy, Sell and Relay Hardclams Permit") is to allowhardclams to he harvested, pUI1chased, sold and relayedfor specified Special Restricted or Condemned Waters inconjunction with a State approved shellfish relay program.

(c) Permit No. 5a shall he valid only under the following specific requirements or conditions. Violation maysuhject the holder to prosecution under N.J.S.A. 24:14-3.

1. Species limited under said permit to hardclams(Mercenaria mercenaria).

2. Areas of harvest are limited to specified SpecialRestricted or Condemned Waters within the State of NewJersey and further described on an attached chart provided with each permit.. 3. The inclusive dates of the permit shall be specifiedon the face of the special permit unless revoked or suspended by the Department prior to the dates indicatedfor cause.

4. The harvester must possess a valid NEW JERSEYSHELLFISH HARVESTING LICENSE issued by the Division of Fish, Game and Shellfisheries.

5. Harvesting from the specified Special Restricted orCondemned Waters shall be subject to all State laws andregulations applicable to the harvest of hardclams fromApproved Waters.

6. Harvesting from the specified Special Restricted orC0!1demned Waters shall be permitted Monday throughFrIday of each week between the hours of sunrise (aslisted at Trenton), and 1200 hours.

7. The harvester must have this permit in his possession while working in the specified Special Restricted orCondemned Waters.

8. 'I1his permit shall apply only to the waters notedabove and further specified on a day to day basis by theapplicable area station commander New Jersey MarinePolice. '

9. All hardclams taken from the specified Special Restricted or Condemned Waters shall be relayed to thespecial relay leased plots in Great Bay or Barnegat Bayspecified above.

~o: Relayed hardclams are required to remain forammlmum .of 30 days on the special relay leased plots.Reharvestmg of the relayed shellfish will be regulatedby the Department of Environmental Pl'Otection's Division of Water Resources, Shellfish Control Unit according to the acceptability of samples. ReharvestU;g ofshellfish from the special relay leased plots may commence only after receipt of written permission from thisoffice.

11. The Department of Environmental Protection reserves the right to suspend or revoke this permit at anytime that its continued use may imperil the public health.

12. One foot by one foot (1' x 1') signs having a whitebackground with legible black lettering, giving the participants first initial and last name and special relayleased plot number, shall lbe placed and maintained(amidships) on both sides of the participants harvestboat while participating in ,any phase of the program.

13. Said boats shall remain in the designated area duringthe time harvesting operations are underway. Harvestingbeyond the designated area is prohibited.

14. Upon completion of the day's harv,esting, all shellfish shall be transferred to the State-designated truck.No clams are to r,emain in the marked clam boats ortransferred to other vehicles or boats. The location(s)of all loading and unloading zones associated with thetransfer of shellfish from one vehicle/vessel to another,shall be designated by the applicable area station commander, New Jersey Marine Police, and/or an authorizedagent of the Division of Fish, Game and Shellfisheries.There shall be no variance from said designated ,areaunless so authorized by same.

15. Dredging and similar illegal methods of harvestingare prohibited.

16. Shellfish taken from the specified Special Restrictedor Condemned harvest areas shall be hagged by theparticipant and such bags shall be identified with anumber bearing the lot number of the permitted leaseholder on which the .clams are to be planted. Said number shall be at least 10 inches tall and painted on theside of each bag. The bags shall then be placed by theparticipant upon a state designated truck to be approvedby the applicable area Station Commander, New JerseyMarine Police, and sealed by the State for overlandtransportation, to a designated landing. Unnumbered bagswill not be accepted for overland transportation, but willbe seized and their contents returned to CondemnedWaters by the New Jersey Marine Police. In the eventsaid truck is inoperative, the relay manager will arrangefor a replacement vehicle with the approval of the NewJersey Marine Police, as soon as possible.

17. The bagged shellfish delivered to the designatedlanding in the sealed truck, shall be relayed to theleased plots of the participants by a state designatedvessel or v,essels to be approved by the applicable areastation commander, New Jersey Marine Police underthe supervision of the New Jersey Marine Police and/orthe Division of Fish, Game and Shellfisheries.

18. No shellfish taken from the condemned harvestareas shall be transported to the relay plots in GreatBay or Barnegat Bay by any means other than the statedesignated truck and vessel or state approved replacement. Unnumbered bags will not be accepted for transportation to the leased plots, but will be seized and theircontents returned to condemned waters by the NewJersey Marine Police.

19. Only the lessee or lessee's permitted juvenile sondaughter or ward working with the lessee, or a sUbsti~tute harvester shall remove .clams from the leased plots.A substitute harvester must possess a Letter of Permission from the lessee giving the dates for which he isallowed harvest privileges, and the lessee's permit fromthe Division of Water Resources (Permit 5a).

20. Violations of these conditions may subject the violator to prosecution under R.S. 24:14-3 and will cause theviolator's permit to be revoked for a period of 6 months.

21. This permit shows on its face specific conditionsthat are deemed necessary for the proper operation of



the shellfish relay program. All permittees are alsorequired to comply with all other applicable statutes andregulations. Included with every permit are charts of theharvest sites showing specific sections within the estuariesthat may be harvested on any particular day, as determiBed by the New Jersey Marine Police.

i. Penalty: Any participant violating the regulationsor the terms of the special relay permit issued by theDivision of Water Resources may be subject to prosecution under the provisions of N.J.S.A. 24:14-3, taking shellfish from Condemned areas in violation of the permit,and may incur the penalty prescribed by the secondparagraph of N.J.S.A. 24:14-9, printed below.

ii. Any person who shall gather any oysters, clams orother shellfish from a place which has been condemnedby the state department pursuant to section 24:14-2 ofthis title or who shall distribute, sell, offer or expose forsale or have in his possession any such shellfish so gatheredunless he shall first have secured a permit inwriting from the State department to distribute, sell, offeror expose for sale or have in his possession any suchshellfish so taken, shall be liable to a penalty of one hundred dollars for the first offense and for each subsequentoffense shall be committed to the common jail of the county wherein the conviction was had for a period of not lessthan 30 days.

22. Due to the necessity to closely monitor this programfor the purpose of protecting public health, the Divisionof Water Resources shall immediately suspend the SpecialRelaying Permit of any participant who violates anycondition of the permit or any of these regulations. Pursuant to the Administrative Procedure Act, such individual may apply to the Division of Water Resources foran administrative hearing regarding the decision tosuspend such permit.

(d) The purpose of Permit No. 5b ("Harvest Hardclams For Sale Purposes Only Permit") is to allow hardclams to be harvested from specified Special Restrictedor Condemned Waters for sale purposes only (thus eliminating the requirement for obtaining a special relayleased plot in approved waters) in conjunotion with aState-approved shel1fish relay program.

(e) Permit No. 5b shall be valid only under the following specific requirements or conditions. Violation maysubject the holder to prosecution under N.J.S.A. 24:14-3.

1. Species limited under said permit to hardclams (Mercenaria mercenaria).

2. Areas of harvest are limited ,to specified SpecialRestricted or Condemned Waters within the State of NewJersey and further described on an attached chart provided with each permit.

3. The inclusive dates of the permit shall be specifiedon the face of the special permit unless revoked or suspended ,by the Department prior to the dates indicatedfor cause.

4. The harvester must possess a VALID SHELLFISHHARVESTING LICENSE issued by the Division of Fish,Game and Shellfisheries.


6. Harvesting from the specified Special Restricted orCondemned Waters will be permitted Monday throughFriday of each week between ·the hours of sunrise, aslisted at Trenton, and 1200 hours.

·f. -.rhe harvester must have this permit in his possessionwhile working in the specified Special Restricted or Con·demned Waters.

8. This permit shall apply only to the waters notedabove and further specified on a day to day basis by theapplicable area station commander, New Jersey MarinePolice.


10. One foot by one foot (1' x 1') signs having a whitebackground with legible black lettering, giving the participants first initial and last name, shall be placed andmaintained (amidships) on both sides of the participantsharvest boat while participating in any phase of theprogram.

11. Said boats shall remain in the designated areaduring the time harvesting operations are underway.Harvesting beyond the designated area is prohibited.

12. Upon completion of the day's harvesting, all shellfish shall be transferred to the State designated truck. Noclams are to remain in the marked clam boats or transferred to other vehicles or boats. The location(s) of allloading and unloading zones associated with the transferof shellfish from one vehicle/vessel to another, shall bedesignated by the applicable area station commander,New Jersey Marine Police and/or an authorized agent ofthe Division of Fish, Game and Shellfisheries. Thereshall be no variance from said designated area unlessso authorized by same.


14. All shellfish harvested shall be sold on the same dayto an authorized permitted buyer(s) holding a validPermit Sa. It shall be the Permit 5b holder's responsibilityto make prior arrangements with said authorized permitted buyer(s) to purchase the former's shellfish beforeharvesting same. The Department will not be held responsible for purchasing, or providing a buyer(s) forsaid clams by reason that an individual is in possessionof this permit (Permit 5b).

15. Shellfish taken from the specified Special Restrictedor Condemned harvest areas shall be bagged by theparticipant and such bags shall 'be identified with anumber bearing the lot number of the permitted leaseholder on which the clams are to be planted. Said numbershall be at least 10 inches tall and painted on the sideof each bag. The bags shall then be placed by the participamt upon a state designated .truck to be approvedby the applicable area station commander, New JerseyMarine Police, and sealed by the State for overlandtransportation to a designated landing. Unnumbered bagswill not be accepted for overland transportation, but willbe seized and their contents returned to condemnedwaters by the New Jersey Marine Police. In the eventsaid truck is inoperative, the industry participants willarrange for a replacement vehicle with the approval ofthe New Jersey Marine Police, as soon as possible.

16. Violations of these conditions may subject the violator to prosecution under R.S. 24:14-3 and will cause theviolator's permit to be revoked for a period of six months.

17. This permit shows on its face specific conditionsthat are deemed necessary for the proper operation of theshellfish relay program. All permittees are also requiredto comply with all other applicable statutes and regulations. Included with every permit are charts of the harvestsites showing specific sections within the estuaries thatmay be harvested on any particular day, as determinedby the New Jersey Marine Police.

i. Penalty: Any participant violating the regulations orthe terms of the special relay permit issued by ,the Division of Water Resources, may be subject to prosecution

NEW JERSEY REGISTER. THURSDAY, OCTOBER 5, 1978 (CITE 10 N.J.R. 423)


under the provisions of N.J.S.A. 24:14-3, taking shellfishfrom Condemned areas in violation of the permit, 'and mayincur the penalty prescribed by the second paragraph ofN.J.S.A. 24:14-9, printed below.

ii. Any person who shall gather any oysters, clams orother shellfish from a place which has been condemendhy the state department pursuant to section 24:14-2 ofthis title or who shall distribute, sell, offer or expose forsale or have in his possession any such shellfish so gathered unless he shall first have secured a permit in writingfrom the state department to distribute, sell, offer or expose for sale or have in his possession any such shellfishso taken, shall he liable to a penalty of one hundred dollarsfor the first offense and for each subsequent offense shallbe committed to the common jail of the county wherein theconviction was had fora period of not less than 30 days.

18. Due to the necessity to closely monitor this progr.am for the purpose of protecting public health, theDivision of Water Resources shall immediately suspendthe Special Relaying Permit of any pallticipant who violates any condition of the permit or any of these regulations. Pursuant to the Administrative Procedure Act, suchindividual may apply to the Division of Water Resourcesfor ,an administrative hearing regarding the decision tosuspend such permit.

(f) The purpose of Permit No. Sc ("Juvenile Harvest andRelay Permit") is to allow a juvenile (17 years or less)to harvest and relay hardclams in conjunction with aState approved shellfish relay program, in the presenceof a parent or guardian who holds a valid Permit Sa.

(g) Permit No. Sc shall be valid only under the following specific requirements or conditions. Violation may subject the holder to prosecution under N.J.S.A. 24:14-3.

1. Species limited under said permit to hardclams (Mercenaria mercenaria).

2. Areas of harvest are limited to specified Special Restricted or Condemned Waters within the State of NewJersey and further described on an attached chart pro-vided with each permit. .

3. The inclusive dates of the permit shall be specifiedon the face of the special permit unless revoked or suspended by the Department prior to the dates indicatedfor cause.

4. The permittee shall be of age 17 years or less at thetime of application.

5. The permittee shall 'be the son or daughter of theparent named above, or ward of the guardian namedabove, said parent or guardian holding a valid SpecialPermit Sa which authorizes same to harvest, buy, selland relay shellfish in conjunction with a State-approvedrelay program.

6. The permittee shall be authorized to work in the relay program only in the presence of the parent or guardiannamed above. All harvesting and relaying operations shallbe accomplished in the same boat as the parent orguardian.

7. The permittee must possess a valid NEW JERSEYSHELLFISH HARVESTING LICENSE issued by the Division ofFish, Game and Shellfisheries.


9. Harvesting from the specified Special Restricted orCondemned Waters shall be permitted Monday throughFriday of each week between the hours of sunrise (aslisted at Trenton), and 1200 hours.

10. The permittee must have this permit in his possession while working in the specified Special Restricted

or Condemned Waters.11. This permit shall apply only to the waters noted

above and further specified on a day to day basis bythe applicahle area station commander, New JerseyMarine Police.

12. All hardclams taken from the specified Special Restricted or Condemned Waters shall be relayed to theabove named parent's or guardian's special relay leasedplot specified above, by methods designated by the Departmentof Environmental Protection.

13. Relayed hardclams are required to remain for aminimum of 30 days on the special relay leased plots.Reharvesting of the relayed shellfish will be regulatedby the Department of Environmental Protection's Divisionof Water Resoullces, Shellfish Control Unit accoroing tothe acceptability of samples. Reharvesting of shellfishfrom the special relay leased lots may commence onlyafter receipt of written permission from this office.


15. Said boats shall remain in the designated area during the time harvesting operations are underway. Harvesting beyond the designated area is prohibited.

16. Upon completion of the day's harvesting, all shellfishshall be transferred to the State designated truck. Noclams are to remain in the marked clam boats or transferred to other vehicles or boats. The location(s) of allloading and unloading zones associated with the transferof shellfish from one vehicle/vessel to another, shall bedesignated by the applicable area station commander,New Jersey Marine Police and/or an authorized agent ofthe Division of Fish, Game and Shellfisheries. There shallbe no variance from said designated area unless so authorized by same.


18. Shellfish taken from the specified Special Restricted orCondemned harvest areas shall be bagged by the participant and such bags shall he identified with a number bearing the lot number of the permitted lease holder on whichthe clams are to be planted. Said number shall be at least10 inches tall and painted on the side of each bag. Thebags shall then be placed by the participant upon a statedesignated truck to be approved by the applicable areastation commander, New Jersey Marine Police, andsealed by the State for overland transportation to a designated landing~ Unnumbered bags will not be accepted foroverland transportation, but will be seized and theircontents returned to Condemned Waters by the New JerseyMarine Police. In the event said truck is inoperative,the relay manager will arrange for a replacement vehiclewith the approval of the New Jersey Marine Police assoon as possible. ';'~'

19. The bagged shellfish delivered to the oesignatedlanding in the sealed truck, shall be relayed to the leasedplots of the participants by a state designated vessel orvessels to be approved by the applicable area stationcommander, New Jersey Marine Police tmder the supervision of the New Jersey Marine Police and/or the Divisionof Fish, Game and Shellfisheries.

20. No shellfish taken from the condemned harveStareas shall be transported to the relay plots in Great Bayor Barnegat Bay by any means other than the stat~esig

nated truck or vessel or state approved replacement.Unnumbered bags will not be accepted for transportationto the leased plots, but will be seized and their contentsreturned to Condemned Waters by the New Jersey MarinePolice.

(CITE 10 N.J.R. (24) NEW JERSEY REGISTER, THURSDAY, OCTOBER 5, 1978


21. Only the lessee or lessee's permitted juvenile son,daughter or ward working with the lessee, or substituteharvester shall remove clams from the leased plots. Asubstitute harvester must possess a Letter of Permissionfrom the lessee giving the dates for which he is allowedharvest privileges, and the lessee's permit from the Division of Water Resources (Permit 5a).

22. Violations of these conditions may subject the violator to prosecution under RS. 24:14-3 and will cause theviolator's permit to be revoked for a period of six months.

23. This permit shows on its face specific ,conditions thatare deemed necessary for the proper operation of theshellfish relay program. All permittees are also requiredto comply with all other applicable statutes and regulations. Included with every permit are charts of the harvestsites showing specific sections within the estuaries thatmay be harvested on any particular day, as determinedby the New Jersey Marine Police.

i. Penalty: Any participant violating the regulations orthe terms of the special relay permit issued by the Division of Water Resources may be subject to prosecutionunder the provision of N.J.S.A. 24:14-3, taking shellfishfrom Condemned Areas in violation of the permit, andmay incur the penalty prescribed by the second paragraphof N.J.S.A. 24:14-9, printed below.

ii. Any person who shall gather any oysters, clams orother shellfish from a place which has been condemnedby the state department pursuant to section 24:14-2 ofthis title or who shall distribute, sell, offer or expose forsale or have in his possession any such shellfish so gathered unless he shall first have secured a permit in writingfrom the state department to distribute, sell, offer or expose for sale or have in his possession any such shellfishso taken, shall be liable to a penalty of one hundred dollarsfor the first offense and for each subsequent offense shallbe committed to the common jail of the counJty wherein theconviction was had for a period of not less than 30 days.

24. Due to the necessity to closely monitor this programfor the purpose of protecting public health, the Divisionof Water Resources shall immediately suspend the Special Relay Permit of any participant who violates anycondition of the ,permit or any of these regulations. Pursuant to the Administrative Procedure Act, such individual may apply to the Division of Water Resources foran administrative hearing regarding the decision to suspend such permit.

Ed. Note: Several forms were adopted with theserules which are not reproduced herein.

An order adopting these rules was filed on August 28,1978, as R1978 d.299 (Exempt, Emergency Rule), to become effective September 5, 1978.


Ca)


Emergency Amendments onExpanded Shellfish Relay Program

On September 15, 1978, Daniel J. O'Hern, Commis~ioner

of Environmental Protection, pursuant to authorIty ofN.J.S.A. 24:14-3, 50:1-5, 50:1-31 and in accordance withapplicable provisions of the Administrative Procedure

Act, adopted emergency amendments to N.J.A.C. 7:25-15.1,concerning the expanded shellfish relay program.

Such amendments are known within the Departmentof Environmental Protection as Docket No. DEP 039-7~9.

Full text of the adoption follows (additions indicated inboldface thus; deletions indicated in brackets [thus]):

7:25-15.l(d) Any person applying for permit 5a must haveacquired a special relay lease from the Department forthree one-half acre plots of shellfish cleansing grounds onwhich the relayed shellfish are to 'be deposited by themeans hereinafter set forth. The shellfish .cleansing groundsshall be located in Great Bay [,] and at Thorofare Pointin Little Egg Harbor Bay, [provided that sufficient interest and continued participation exists in Barnegat Baybetween Swan Point and Sloop Point.] If the Commissioner determines that the level of participation or interest in the program [for Barnegat Bay between SwanPoint and Sloop Point] is not sufficient to support itsexpense he shall terminate it [that] or any portion thereof.[the progIam.] Because of the great expense of the program, the Department has found it necessary to includethe above provision to insure and pmtect the public health,safety and welfare. No person shall hold more than onelease to the above mentioned series of three one-half acreplots in the ar<!as specified above.

(e) Applications for leases must be made in person atthe Nacote Creek Shellfish Office of the Department. Thelease shall be subject to the following additional conditions.

1. This special relay lease shall be issued for only oneyear and can be reappied for annually, provided however,that no lease [in Barnegat Bay between Swan Point andSloop Point] shall be reapplied for or renewed unless theCommissioner determines that sufficient partcipation andinterest in the program exists. [Because of the expense ofthe program, the Department has found it necessary toinclude the above provision to insure and protect thepublic health.]

An order adopting these amendments was filed on September 15, 1978, as Rl978 d.326 (Exempt, EmergencyRule) to become effective in September 16, 1978.


Cb)


Emergency Amendments on CondemnationOf Certain Shellfish Beds

On September 15, 1978, Daniel J. O'Hern, Commis~ioner

of Environmental Protection, pursuant to authonty ofN.J.S.A. 24:2-1, 24: 14-2, 13: ID-1 and in accordance withapplicable provisions of the Administrative ProcedureAct, adopted emergency amendments to N.J.A.C. 7:121.3(a)39.1i1., concerning the condemnation of certain shellfish beds in the Atlantic Ocean.

Such amendments are known within the Department ofEnvimnmental Protection as Docket No. DEP 038-78-09.




7: :12-1.3(a)39.iii All of the ocean waters, inshore of a linebeginning at the water tank at 44th Street and BayshoreAvenue, City of Brigantine, with coordinates of latitude39 degrees 23.5 minutes N., longitude 74 degrees 23.8 minutes W.,and bearing approximately 157 degrees T tobuoy "IA" Fl G4sec Gong at the entrance to AbseconInlet, then bearing approximately 272 degrees T to theoutermost tip of the Steel Pier, Atlantic City, [then alongthat pier to the shore and terminating.] then bearing approximately 153 degrees T for approximately 2 nautcalmiles from the shore line to a point with coordinates oflatitude 39 degrees 19.7 minutes N., longitude 74 degrees24.0 minutes W., then along the shoreline in a southwesterlydirection, 2 nautical miles offshore, for approximately 4.1nautical miles to a point with coordinates of latitude 39degrees 17.8 minutes N., longitude 74 degrees 28.7 minutesW., then bearing approximately 333 degrees T for approximately 2.5 nautical miles to the water tank locatedat the corner of Amherst Avenue and North GladstoneAvenue, City of Margate, with coordinates of latitude 39degrees 20.0 minutes N., longitude 74 degrees 30.2 minutesW., and terminating. (This condemnation adjoins theclosure defined in paragraph 26i above);

An order adopting these amendments was filed onSeptember 15, 1978, as R.I978 d.327 (Exempt, EmergencyRule) to become effective on September 16,1978.


(a)


Emergency Rule on PreservationOf Sea Clam Resources

On September 15, 1978, Daniel J. O'Hern, Commissionerof 'Environmental Protection, pursuant to authority ofN.J.S.A. 50:2-6.3 and in accordance with applicable provisions of the Administrative Procedure Act,adopted anemergency rule, known within the Department of Environmental Prote~tion as Docket No. DEP 037-78-09, concerningthe preservation of sea clam resources and the closingof certain waters of the State, beginning on September16, 1978, until further notice.

Full text of tte adoption follows:

The area to be closed will be directly affected by thedischarge from the Atlantic County Sewage Authority'sWastewater Treatment Plant and will be condemned tothe harvest of shellfish in compliance with the FederalFood and Drug Administration directive dated March 1,1972 requiring New Jersey to classify its ocean watersfor shellfish harvesting according to the National ShellfishSanitation Program's (NSSP) Manual of Operations, PartI, Section C, Paragraph 2, 1965 Revision. The area isdescribed as follows:

FROM: the tip of the Steel Pier (Atlantic City)then bearing 153°T approximately 2 nautical milesfrom shoreline to a point with the coordinates

Latitude 39° 19.7'NLongitude 74° 24'W

then following the shoreline in a southwesterlydirection 4.1 nautical miles to a point with thecoordinates

Latitude 39° 17.8'NLongitude 74° 28.7'W

then following the shoreline in a Southwesterlymately 2.5 nautical miles to a watertank locatedat the corner of Amherst Avenue and North Gladstone Avenue, City of Margate, with coordinates

Latitude 39° 20'NLongitude 74° 3O.2'W and terminating

Harvest of sea clams from the area described above isprohibited.

An order adopting this rule was filed on September 15,1978, as R,1978 d.328 (Exempt, Emergency Rule) to become effective on September 16, 1978. Take notice thatthis rule is considered to be a temporary rule not subjectto codification and will not appear in Title 7 of the NewJersey Administrative Code.


(b)

HEALTHTHE COMMISSIONER

Proposed Amendments on Reports to RelateAncillary Service Charges with Hospital Case Mix

Dr. Joanne E. Finley, Commissioner of Health, pursuantto authority of N.J.S.A. 26:2H-l et seq. and with the approval of the Health Care Administration Board, proposesto amend N.J.A.C. 8:31-16.17, concerning reports to relateancillary service charges with hospital case mix.

Full text of the proposal follows (additions indicated inboldface thus):8:31-16.17(d) Patient Charge Records shall include a patient number, a hospital number, patient's date of admission, and patient's date of discharge identical to that provided on that patient's medical abstract in order tofacilitate computer linkage of the two data bases, as required by N.J.A.C. 8:31-20.2(h). In addition, Patient ChargeRecords shall include the Primary, Secondary, and Othersource of payment expected at the time of the patient'sdischarge.


David SparrowAnalyst, RES DRG ProjectDepartment of HealthHealth-Agriculture BuildingJohn Fitch PlazaTrenton, N.J. 08625

The Department of Health may thereafter adopt rulesconcerning this subject without further notice.

Dr. Joanne E. FinleyCommissionerDepartment of Health



(a)


Proposed Amendments on ControlOf Two Precursors of Phencyclidine

Dr. Joanne E. Finley, Commissioner of Health, pursuantto authority of N.J.S.'A. 24:21-1 et seq., proposes to adoptamendments to N.J.<\.C. 8:65-10.2(b)4., concerning the control of two precursors Of phencyclidine in order to conformto federal law.

Full text of the proposal follows:The Commissioner of Health raises no objection to an

Order placing(a)1-phen~cyclohexylamine

and(b) 1- piperidinocyclo:hexane - carbonitrile (Pee)

in Schedule II - Depressants and subject to the provisionsof the Controlled Dangerous Substance Act of 1970. Suchan Order was published in the Federal Register, Volume43, Page 21324,21325, effective June 16, 1978.

Now. therefore,the Commissioner of Health orders that(a) 1- phenylcyclohexylamine - C.D.S. #7460

and(b) 1- piperidinocyclohexane - carbonitrile (PCC) (C.D.S.

#86(3)be placed in Schedule JII - Depressants of the New JerseyControlled Dangerous Substance Act and be subject to theprovisions of N.J.S.A. 24:21-1 et seq. Said Order to be effeCtive 30 days from publication of the Order in the FederalRegister.


Donald J. FoleyChief, Drug Device and CosmeticDepartment of Health1911 Princeton Ave.Trenton, N.J. 48648



fbJ


Proposed Amendments to Continuing EducationRule for Nursing Home Administrator

Dr. Joanne E. Finley, Commissioner of Health, pursuantto authority of N.J.S.'A. 26:2H-27 and 28, proposes to amendN.J.A.C. 8:34-1.27(b), concerning continuing education fornursing home administrator.


8:34-1.27(b) Society O'f Nursing Home Administrators, andservice on various committees would merit educationalcredit. An individual who has earned 25 hours of continuing

education may carry hours 26-35 [30] into following yearon an hour-to-hour basis.


John HaneyExecutive SecretaryLicensing, Certification and StandardsDepartment of HealthJohn Fitch PlazaTrenton, N.J. 08625



(e)


Proposed Amendments on Refilling Prescriptions

Dr. Joanne E. Finley, Commissioner of Health, pursuantto authority of N.J.S.A. 24:21-13, proposes to adopt amendments to N.J.A.C. 8:65-7.14, concerning a computer retrieval system of keeping refill prescription data.


8:65-7.14(e) As an alternative to the procedures provided by subsection (a) through (d), an automated dataprocessing system may be used for the storage and retrieval of refill information for prescription orders forcontrolled substances in Schedule III and IV, subject tothe following conditions:

1. Any such proposed computerized system must provideon-line retrieval (via CRT display or hard-copy printout)of original prescription order information for those prescription orders which are currently authorized for refilling. This shall include, but is not limited to, data suchas the original prescription number, date of issuance ofthe original prescription order by the practitioner, fullname and address of the patient, name, address, andDEA registration number of the practitioner, and thename, strength, dosage form, quantity of the controlledsubstance prescribed (and quantity dispensed if differentfrom the quantity prescribed), and the total number ofrefills authorized by the prescribing practitioner.

2. Any such proposed computerized system must alsoprovide on-line retrieval (via CRT display or hard-copyprintout) of the current refill history for Schedule III orIV controlled substance prescription orders (those authorized for refill during the past six months). This refillhistory shall includ~, but is not limited to, the name ofthe controlled substance, the date of refill, the quantitydispensed, the identification code, or name or initials ofthe dispensing pharmacist for each refill and the totalnumber of refills dispensed to date for that prescriptionorder.

3. Documentation of the fact that the refill informationentered into the computer each time a pharmacist refillsan original prescription order ,for a Schedule III or IVcontrolled substance is correct must ,be provided by theindividual pharmacist who makes use of such a system.



If such a system provides a hard"copy printout of eachday's controlled substance prescription order reIDI data,that printout shall be verified, dated, and signed by theindividual pharmacist who refilled such a prescriptionorder. The individual pharmacist must verify that thedata indicated is correct and then sign this documentin the same manner as he would sign a check or legaldocument (e.g., J. H. Smith, or John H. Smith). Thisdocument shall be maintained in a separate IDe at thatpharmacy for a period of two years from the dispensingdate. This printout of the day's controlled substanceprescription order reIDI data must be provided to eachpharmacy using such a computerized system within 72hours of the date on which the refill was dispensed. Itmust be verified and signed by each pharmacist who isinvolved with such dispensing. In lieu of such a printout,the pharmacy shall maintain a bound log book, or sep"arate file, in which each individual pharmacist involvedin suoh dispensing shall sign a statement (in the mannerpreviously described) each day, attesting to the fact thatthe refill information entered into the computer that dayhas been reviewed by him and is correct as shown. Sucha 'book or file must be maintained at the pharmacy em"ploying such a system for a period of two years after thedate of dispensing the appropriately authorized refill.

4. Any such ,computerized system shall have the ca"pability of producing a printout of any refill data whichthe user pharmacy is responsible for maintaining underthe Act and its implementing regulations. For example,this would include a reIDI-<by-refill audit trail for any s~cified strength and dosage form of any controlled substance(by either brand or generk name or both). Such a printoutmust indicate name of the prescribing practitioner, nameand address of the patient, quantity dispensed on eachrefill, date of dispensing for each refill, name or identificationcode of the dispensing pharmacist, and the number of the original prescription order. In any computerizedsystem employed by a user pharmacy the central recordkeeping location must be capable of sending the printoutto the pharmacy within 48 hours, and if a Special Agentor Compliance Investigator requests a copy of such printout from the user pharmacy, it must, if requested to doso by the Agent or Investigator, verify the printout transmittal capability of its system by documentation (e.g.,postmark).

5. In the event that a pharmacy which employs such acomputerized system experiences system down-time, thepharmacy must have an auxiliary procedure which willbe used for documentation of refills of Schedule III andIV controlled substance prescription orders. This auxiliaryprocedure mt'st insure that refills are authorized by theoriginal prescription order, that the maximum numberof refills has not been exceeded, and that all of the appropriate data is retained for on-line data entry as soonas the computer system is available for use again.

I(f) When filing refill information for original prescriptionorders for S~hedule III or IV controlled substances, apharmacy may use only one of the two systems describedin this section.

(g) Any registrant who ,intends to use a system provided by paragraph (e) through (g) of this section mustfirst apply for a Permit to Maintain Central Records asrequired by the Drug Enforcement Administration and theDepartment of Health.

Interested persons may present statements or argumentsin writing relevant to the proposed action on or beforeOCtober 25, 1978, to:

Donald J. FoleyChief, Drugs, Devices and CosmeticsDepartment of Health1911 Princeton Ave.Trenton, N.J. 08648



CalHEALTHTHE COMMISSIONER

ProDosed Rules on Process for CertificationOf Need and Designation of Regional Services

Dr. Joanne E. Finley, Commissioner of Health, pursuantto authority of N.'J.S.'A. 26:2H-1 et seq., proposes to adoptnew rules concerning the process and general criteria forthe certification of need and designation of regional services.

Full text of the proposal follows:SUBCHAPTER 28. PROCESS AND GENERAL

CRTJlERTA FOR THECEiRTIFTCATION OF NEED ANDDESIGNATJ101N OF REGIONALSERVIOES

8:31-28.1 Introduction(a) In 1977 the Health Planning and Coordinating Coun

cil approved and recommended to the Commissioner thata nllmber of regionalization standards be submitted to theHealth Care Administration Board for public comment andfinal approval. In 1977. the Health Care AdministrationBoard approved as final regulations regionalization standards for computerized axial tomographv units, cardiacsurgical centers, cardiac dia~ostic· facilities, hemophiliacare centers, megavoltage radiation oncology units, perinatal centers and end-stage renal disease services.

(b) Each of these regulations and any future regulationsfor rel!ionalized services require a planning process followed bv a certification of need or designation process.

(c) The purpose of this rMulation is to establish a meansbv which the State Health Planning and Coordinating Council can designate its priorities for regionalization; directhow the planning process is to take place and what minimum criteria are to he used; direct how State or regionalnlans will be submitted to t'he State Health Planning andCoordinating Council and adopted by that Council; providefor a designation process which is fair, equitable andmeets the test of due process.

8.31-28.2 'Establishment of priorities for developing areawide or State plans for specialized services

(a) Because there are a number of regionalization standards already approved, each Health Systems Agency isfaced with the problem of deciding which specialized areasfirst should be addressed relative to the HSA's staff timeand the interest of its members and constituents. Thisleads to the problem of various HSAs emphasizing differentsoecialty areas. For example, one HSA may be developingits plan for cardiac surgery while another is concentratingits efforts on perinatal services. It would be in the bestinterests of the providers and the consumers if all of theState's HSAs were developinf! their rel!ional plans for thesame services at the same time. In this way. overlappingservice areas and duplication could be addressed more

(CITE 10 N.J.R. 428) NEW JERSEY REGISTER, TlWRSDAY. OCTOBER 5, 1978


rationally. Therefore, the State Health Planning and Coordinating Council, upon the recommendation of its PlanDevelopment Committee, shall establish a priority orderfor the. HSAs to develop plans for regionalized servicesand shall establish 11 time period within which each planshall be completed.

(b) Some regionalized Eervices may well be plannedwithin an HSA border, qut others should be planned eitheron a statewide basis or located in a few appropriatelyselected settings. Plans for statewide services are betterhandled at the State level. It shall be the responsibility ofthe State Health Planning and Coordinating Council todesignate which plans should be originated at the HSA leveland then ,be merged andincol'porated into the State Planand which plans should originate at the State level and bereviewed by the HS'As and incorporated into a State Plan.

8:31-28.3 Minimum elements of a speCialized health plan(a) The minimum elements of a specialized health plan,

whether initiated by the State or HSAs, shall include thefollowing:

1. An inventory of existing resources in the HSA regionor statewide as related to the particular specialized healthservice. The inventory should address the data requirements established in the regulation and whenever possibleannualized. FIor example: number of deliveries, obstetrical units, etc.

2. A data analysis indicating the need, including costimplications, for the particular specialized service. Thereshould be justification including documentation by theHSA or State regarding the number of needed RegionalCenters for the particular service.

3. Relationships with other Health Service Areas and outof-State areas where appropriate. There must be documentation including patient origin studies, if necessary,indicating the flow of patients into and out of the regionfor the specialized service.

4. A statement of the procedure used by the local HSA inrecommending the designation of regional centers. Thisshould insure that all facilities were given due process. Onecannot designate regional centers without giving all hospitals an opportunity to apply.

5. A listing 'of the recommended regional services (alllevels) including a statement as to their conformity withthe HSA's or State's specialized plan.

6. A statement as to how the HSA's or State's plan conforms with each of the requirements established by Stateand federal regulations and guidelines. Where exceptionsare requested and allowed by the regulation, completejustification must be submitted.

7. An analysis of the needs of health professions education programs in relation to the particular specializedhealth service. When justified by the analysis, the planmu!':t assure reasonable access of such health professionseducation programs to the specialized service. Priority inaccess to the service for teaching purposes shall be givento CMDNJ. . .

(b) These elements will promote consistency amongHSA and State plans. At the same time, it will permitthe HSAs and the State some degree of flexibility in developing their plans. This flexibility is needed because ofthe diversity of the State and the possible specialized needsof an area. Once the plans are completed, they will bereviewed and adjusted by the State Health Planning andCoordinating Council and shall become part of the StatePlan.

8:31-28.4 Process of designation or granting of certificates," of need, (a) It is the position of the State Health Planning and Coordinating Council that health faciliti<'!S be designated orgranted certificates of need on the basis that all facUities

have equal opportunity to be considered as a regionalservice. Under no circumstances should a health facilitybe recommended for regional designation merely becauseit was the first to file an application or a request fordesignation. Therefore, no certificates of need or lettersof designation will be honored by the State Health Planningand Coordinating Council unless an HSA or State Plan forregional services has been accepted by the State HealthPlanning and Coordinating Council and incorporated intothe State Plan.

(b) Once the plans have been completed and ,incorporatedinto the State Plan, the HSA shall notify all health facilities that its plan or a modification thereof has ,been incorporated into the State Plan and that applications forregional designation or certification shall be submittedwithin a 9O-day period from the time of notice. If necessary, the HSAs may initiate a request for applications insubsequent years if the needs of the community havenot been met as determined by the plan. Those facilitieswhich feel they meet or will meet the criteria and cansubmit supporting documentation shall submit an application to the State and the appropriate HSAfur designationas a regional service.

(c) Applications for designation shall follow the samereview process at the HSA and State level as do Certificates of Need. Applications for designation as regionalizedservice and applications for Certificates of Need to establish a regional service must demonstrate compliancewith each of the requirements for that service establishedby State and federal regulations and guidelines and mustoffer ,the service in the least costly manner.

(d) On recommendation of the State Health Planning andCoordinating Council, the State Health Commissioner shallmake designation or award certificates of need for regional services. Those who receive such designation orawards shall have the opportunity to submit budget justifications to the State Health Department which wouldsupport the cost of these special services. Conversely,those facilities not receiving designation or the grantingof certificates of need shall have the cost disallowed ifthey continue to operate at a regional service level.

8:31-28.5 EvaluationEach facility designated or certified to provide a region

alized special service shall be valuated by the State HealthDepartment and local Health Systems Agency three yearsfrom designation or certification and every three yearsthereafter. Such evaluation shall be accomplished througha "redesignation" review process which will be performedin the same manner as the "designation" review processdescribed above. The evaluation mustronsider, but notbe limited to, the area's changing health care needs andthe facility's ,conformance with the most recent Statestandards and criteria for the specialized service, the StateHealth Plan, and the Health System's Plan and AnnualImplementation Plan of the HSA.


John Calabria, Acting CoordinatorHealth Planning Dev. ServicesDepartment of HealthHealth-Agriculture BuildingRoom 801Trenton, N.J. 08625





Ca)

HEALTHPUBLIC HEALTH COUNCIL

Rules on Operating Clinical Laboratories

On September 18, 1978, Jane B. Robinson, Chairwomanof the Public Health Council in the Department of Health,pursuant to authority of N.J.S.A. 45:9-42.34 and in accordance ,with applicable provisions of the AdministrativeProcedure Act, adopted new roles, to be cited as N.J.A.C.8:44-2.1 et seq., concerning ,the operation of clinicallaboratories, substantially as proposed in th Notice- publishedApril 6, 1978, at 10 N.J.R. 147(c), with only inconsequentialstructural or language changes, in the opinion of the Department of Health.

An order adopting these rules was filed and becameeffective on September 18, 1978, as R.1978 d.336. -


Cb)


Amendments on Medications and TreatmentPrescribed by Podiatrists

On September 15, 1978, Dr. Joanne E. Finley, Commissioner of Health, pursuant to authority of N.J.S.A.26:2H-l et seq., with the approval of the Health CareAdministration .&>ard and in accordance with applicabl~provisions of the Administrative Procedure Act, adopte<;lamendments to N.J.A.C. 8:43B-6.4(c), concerning medications and treatment prescribed by podiatrists in thitmanual of standards for hospital facilities, as proposed ibthe Notice published August 10, 1978, at 10 N.J.R. 329(d~.



(c)


Amendments to Standards for Li.~ensure

Of Ambulatory Care Facilities

On September 15, 1978, Dr. Joanne E. Finley, Qlmmissioner of Health, pursuant to authority of N.J.S.A. 26:211-1et seq., with the approval of the Health Care AdministrationBoard and in accordance with applicable provisions ofthe Administrative Procedure Act, adopted amendmentsto N.J.A.C. 8:43A-1.1 et seq., concerning the standards forlicensure of ambulatory care facilities, substantially as

proposed in the Notice published August 10, 1978, at 10N.J.R. 329(c) , but with subsequent, substantive changes notdetrimental to the public, in the opinion of ·the Departmentof Health.

An order adopting these amendments was filed andbecame effective on September 18, 1978, as R.1978 d.338.


(d)


Amendments to MinimumStandards of Performance

On September 18, 1978, Dr. Joanne E. Finley, Qlmmissioner of Health, pursuant to authority of N.J.S.A. 26:1'A2-1et seq., with the approval of the Public Health Qlunciland in accordance with the applicable provisions of theAdministrative Procedure Act, adopted amendments toN.J.A.C. 8:51-l.2 and 8:51-1.3, concerning minimum standards of performance, as proposed in the Notice publishedAugust 10, 1978, at 10 N.J.R. 33l{b).

An order adopting these amendments was filed on September 18, 1978 as R.il978 d.339 to become effective onoctober 1, 1979.


(e)


Amendment8 to Manual of StandardsFor Licen8ure of Long-Term Care Facilities

On September 15, 1978, Dr. Joanne E. Finley, Commissioner of Health, pursuant to authority of N.'J.S.'A. 26:211-1et seq., with the approval of the Health Care Administration Board and in accordance with applicable provisions ofthe Administrative Procedure Act, adopted amendments toN.J.A.C. 8:39-1.1 et seq., regarding the Manual of Standards for Licensure of 'Long-Term Care Facilities, as propose in the Notice published August 10, 1978, at 10 N.J.R.33l{c).

An order adopting these amendments was filed andbecame effective on september 18, 1978, as R.l978 d.340.


(f)

HEALTHDRUG UTIUZATION REVIEW COUNCIL

Rules on Drug EvaluationAnd Acceptance Criteria

On September 18, 1978, Sanford Luger, Chairman of theDrug Utilization Review Council in the Department of

(CITE 10 N.J.R. 430) NEW JlERSEY REGISTER, THURSDAY, OCTOBER S, 1978


Health, pursuant to authority of N.J.S.A. 24:6E"5, 24:6E~

and ill accordance with applicable provisions of the Administrative Procedure Act, adopted new rules, to be citedas N.J.A.C. 8:70-1.1 et seq., concerning drug evaluationand acceptance criteria, substantially as proposed inthe Notice published August 10, 1978, at 10 N.J.R. 333(a),but with subsequent, substantive changes not detrimentalto the public, in the opinion of th~ Department?f Health.

The more pertinent, substantIve changes mvolve theelimination of the word "Interim" in the title of these rulesand the wording of N.J.A.C. 8:7Q-1.4(d) which now reads"Placement of 'an identification mark (such as NDC numberor trademark) on drug labels and catalogs is required."

An order adopting these rules was filed and becameeffective on September 16, 1978, as R.1978 d.341.


(a)

HIGHER EDUCAnONHIGHER EDUCATIONASSISTANCEAUTHORITY

Amendments on Eligibility forGraduate Insured Loan Program

On September 12, 1978, William C. Nester, Director ofthe Higher Education Assistance Authority in the Department of Higher Education, pursu~nt to ~uthority of. ~.J.S.A. 18A:72-10 and in accordance wlfu appbcable provIsIonsof the Administrative Procedure Acf,-adop.tedamendmentsto N.J.A.C. 9:9-5.2, concerning eligibility for the graduateinsured loan program, as proposed in the Notice publishedJuly 6, 1978, at 10 N.J.R. 281(a).



(bJ

HIGHER EDUCAnONSTATE BOARD OF HIGHER EDUCATION

Amendments on Petitions from Out-of-StateInstitutions Desiring to Offer Courses

On September 18,1978, T. Edward Hollander, Chancellorof Higher Education and Secretary of the State Board ofHigher Education, pursuant to authority of N.J.S.A. 18A:315, 18A:68-6, and in accordance with applicable provisionsof the Administrative Procedure Act, adopted amendmentswhich deleted the current text of N.J.A.C. 9:1-1.12 in itsentirety and adopted new rules, to be cited as N.J.A.C.9:1-6.1 et seq., concerning petitions from out-of-Stateinstitutions desiring to offer courses in New Jersey, as proposedin the Notice published August 10, 19711, at 10 N.J.R. 342(b).

An order adop.ting these amendments was filed and be-came effective on September 18, 1978, as R.1978 d.335.


(c:)

HUMAN SERVICESDIVISION OF MENTAL RETARDATION

Proposed Rules on AdministrativeAppeals Procedure

Ann Klein, Commissioner of Human Services, pursuantto authority of N.J.S.A. 30:1-1.1 et seq. and 30:4-1 et seq.,proposes to adopt new rules concerning administrativeappeals procedure.


CHAPTER 48. ADMINISTRATION

SUBOHAPTER 1. APPEAL PROCEDURE

10:48-1.1 General provisions(a) Purpose of this procedural rule is to delineate the

steps to be taken when disagreements arise between citizens and the Division of Mental Retardation. Its aim isto encourage and permit the early resolution of disputesand, where that is not possible, to set guidelines for hearings at the appropriate levels of the Division and Department of Human Services.

(b) The rule pertains to all disputes and disagreementswith service components of the Division of Mental Retardation involving members of the public: clients of the Division and their authorized representatives, grantees andprospective grantees, licensees and prospective licensees;(all herein referred to as complainants). It is expectedthat in most disputes between complainants and servicecomponents, the complainant will know the identity of theservice component with whom there is disagreement.Where the precise service component is not known, suchinformation may be obtained by calling the informationoffice of D.M.R. at (609) 292-3740.

1. Disagreements between complainants and servicecomponents of the Division shall be reviewed informallybetween the complainant and service component wheredecision is being challenged. This may be done by thecomplainant's making an appointment with the head ofthe service unit for such informal meeting.

2. Should resolution not be possible at this informal level,(paragraph 1) above the complainant shall submit a

WRITTEN REQUEST FOR A HEARING within 15 daysof the time of failure of informal resolution.

i. The WRITI'EN REQUEST FOR A HEARING shall 'bepresented to the chief officer of the service component involved e.g. Superintendent of Institution; Chief, Bureau ofDay Training; Chief, Bureau of 'Field services; Chief,Bureau of Guardianship.

ii. The WRITTEN REQUEST FOR A HEARING shallcontain the name, address and telephone number of thecomplainant, name and address of the developmentallydisabled client (if different from the complainant), thedate of the complaint, a brief statement of the complaint,witnesses, if any, to be called, and reference to the law,rule, regulation or policy alleged to be violated, if any.

iii. The officer named above (or his designee) shall convene a formal hear'ing within 15 days of the receipt of thewritlen request and will respond within 10 days of thehearing.

3. Should the response not be satisfactory to the complainant, a Formal Notice of Administrative Appeal maybe made within 15 days of the date of the decision to theofficer who made the response at step 2. That officer willforward it immediately to the Hearing Office of the Di-



mion. The Hearing Office will schedule a DepartmentalHearing within 20 days of the date of the appeal. A decision will be rendered within 20 days of the DepartmentalHearing.

4. The hearing at the administrative appeal level (paragraph 3 above) shall be considered the final hearing atthe Department of Human Services level. Appeals regardinga client's educational program shall be by way of additional appeal to the State Department of Education.Further resolution of the dispute, if needed, shall be byappeal to the Appellate Division of the Superior Court.

5. Representation:1. At the informal review level the complainant may be

represented by an attorney or spokesperson and may produce such witnesses as have direct knowledge of theissues involved. The service component shall be represented by such personnel as it shall designate and mayproduce such witnesses as have direct knowledge of theissues involved.

ii. At the Formal Hearing level, the complainant mayii. At the formal hearing level, the complainant may

be represented by attorney or spokesperson and maypresent such witnesses as have direct knowledge of theissues involved. The service component shall be represented by personnel designated by the Chief Officer andmay. produ~e such witnesses as have direct knowledge ofthe ISsues ffivolved. The Rules of Evidence shall not bestric!ly enf~rced. No transcript or recording of the proceedmgs ,wIll be made. No observers or non-essential per_sons shall be admitted.~. At the ~dministrative Appeal level the represent

atives and Witnesses for both sides shall 'be as in theFormal Hearing level.

. Inte:~sted persons may present statements or argumentsm wntmg relevant to the proposed action on or beforeOctober 25, 1978, to:

Magdalen E. WalkerAdministrative Practice OfficerDivision of Mental RetardationP.O. Box 1267Trenton, N.J. 08625

The Department of Human Services may thereafteradopt rules concerning this subject without further notice.

Ann KleinCommissionerDepartment of Human Services

(a)

HUMAN SERVICESDIVISION OF PUBLIC WELFARE

Proposed Amendments ConcerningVictims of Domestic Violence

Ann Klein, Commissioner of Human Services, pursuantto authority of N.J.S.A. 44:7-6 and 44:10-3, proposes toamend N.J.A.C. 10:82-5.10, concerning the provision ofemergency assistance to victims of domestic violence.

Full text of the propooed new text follows:

10:82-5.10(d) Rules concerning victims of domestic violence are:

1. In situations where an applicant or recipient indicates that he/she and his/her children have left theircustomary residence because of domestic violence, pay-

ment of emergency assistance may be authorized underthe following conditions:

i. The family is in a state of homelessness due to imminent or demonstrated violence from a member of thehousehold which imperiled the health and safety of oneor more members of the eligible unit.

ii. This state of homelessness occurred within the 14calendar days immediately prior to the request for emergency assistance. Temporary arrangements during thatperiod do not negate the validation of a state of homelessness; however, emergency assistance payments willnot be retroactive.

2. Payments of emergency assistance as identified inthis subsection may be authorized during the 30 dayperiod immediately following the occurrence of the emergency and must comply with the conditions in this section.

3. Allowances:i. Temporary Shelter - Cost of temporary shelter ar

rangements may be authoriZed in an amount not to exceedthe most reasonable cost of similar arrangements in amotel/hotel and shall be for a period not to exceed thehomelessness first becomes known.calendar month following the month in which the state of

ii. Food - An allowance for food may be provided in accordance with Section 530.3b.

iii. Clothing - When necessary, an allowance for clothing may be provided in accordance with Section 530.3c.

iv. Additional needs - Allowances may be authorizedfor security deposits for rent and/or utilities. When required to establish the family in a new permanent livingarrangement, payment for home furnishings may be authorized in accordance with this section.

Interested persons may present statements or argumentsin writing relevant to the propooed action on or beforeOctober 25, 1978, to:

G. Thomas Riti, DirectorDivision of Public WelfareBox 1627Trenton, N.J. 08625

The Division of Public Welfare may thereafter adoptrules concerning this subject without further notice.


(b)


Proposed Amendments ConcerningResonrces and Repayments

Ann Klein, Commissioner of Human Services, pursuantto authority of N.J.S.A. 44:7-6 and 44:10-3, proposes toamend portions of the Public Assistance Manual concerning resources and repayments.

The proposal ,concerns the deletion of the current textof N.J.A.C. 10:81-3.37 through 10:81-3.40, and the adoptionof new text therein, plus changing the citations only of thecurrent te~t of N.J.A.C. 10:81-3.41 through 10:81-3.44.

Full text of the proposed new rules follows:

10:81-3.37 Resources and repayment; resources defined(a) To the greatest extent possible, the resources of

individuals and families will be used for their maintenanceand support. The time and method of liquidation or dis-



posal of such resources frequently influence the amountof public assistance necessary and are, therefore, subject to regulation. Applicants/recipients are required toidentify all resour,ces in accordance with ASH Section 303.

(b) Resources are defined as:1. Available resources are those which are in cash or in

some other form which can be used to meet current needsof the eligible unit. They are treated as income. Treatment is covered in detail in ASH 400, Income.

2. Exempt resources are those which are not subject toany requirement for liquidation and are not considered indetermining an assistance grant. Exempt resources arediscussed in detail in ASH 310.

3. Potential resources are those resources which areneither exempt nor available to meet the current needsof the eligible unit. The liquidation or conversion of potential resources is a joint responsibility of the CWA andthe members of the eligible unit.

10:81-3.38 Liquidation of potential resources(a) Responsibilities regarding liquidation are:1. CWA responsibilities: The county welfare agency shall:i. At time of application or when existence of a resource

becomes known to GWA, inform the members of the eligible unit of their obligations relative to a potential resourceand of the need for liquidation;

it Develop with the member(s) of the eligible unit aplan for liquidation and use of the proceeds. The planwill ,conform to paragraphs 2 or 3 below as applicable ;

iii. Assist in carrying out the plan.2. Responsibilities of the eligible unit: Members of the

eligible unit shall:i. Develop with the agency a plan for the liquidation

of resources.ii. Consent to and take action as necessary to carry out

the plan.(b) Penalties are:1. When a resource (or a claim pursuant to section 40

of this subchapter) is applicable to a parent and theparent fails or refuses to cooperate in its liquidation(or to sign an Agreement to Repay), the entire familywill be ineligible for assistance.

2. When a resource (or a claim pursuant to section 40of this subchapter) is applicable to an otherwise eligiblechild and the parent(s) fails or refuses to cooperate inliquidation of the resource or to sign an Agreement toRepay when one is required, the child only will be foundineligible for assistance.

(c) Applicants for AFDC must not have made a voluntary assignment or transfer of property within one yearprior to the time of initial application for the purposeof qualifying for assistance.

1. Whenever investigation indicates that a person applying for assistance has transferred or assigned anyproperty, whether real or personal, within one year priorto the initial application, the motive and !Circumstancessurrounding such transfer or assignment shall be evaluated, and a determination made as to whether such transfer or assignment was made for the purpose of qualifyingfor assistance.

2. If it is determined that there was no intent to defraudthe CWA and that the transfer or assignment of the property was a normal transaction for adequateconsideration, such transfer or assignment shall not make theapplicant ineligible.

3. If the transfer or assignment is found to have beenmade without receipt of adequate consideration by theapplicant but with no evidence of intent to qualify forassistance or to avoid repayment, it shall be recognized

that the applicant may have legal rights to secure thereturn of the property or the payment of adequate consideration. The CWA will assist the client in reclaimingor gaining adequate compensation for such property. Inthe event that such claim is successful, this shall be considered as an actual or potential resource, and the applicant shall be expected to comply with the requirementsgoverning such resources (See Section 320 in AssistanceStandards Handbook).

4. If it is determined that such transfer or assignmentwas made knowingly and willfully for the purpose ofqualifying for assistance, a penalty of ineligibility willapply to the AFDC parent(s) who made the transferunless and until appropriate legal or other action is initiated to retrieve the property itself or its equivalentvalue. Eligibility of children is not affected by suoh atransfer.

i. Action may result in circumstances requiring repayment to the CWA.

5. Case record: In any application where such questionarises, the full facts shall be made a matter of record,including a clear statement of the basis for the finaldecision regarding eligibility or ineligibility.

10:813.39 Liquidation of debts, claims, interests,settlements, and trust funds

(a) Members of the eligible unit shall ,be required totake all necessary and reasonable action to avail the eligible unit of funds for support from others who owe ormay owe money to the eligible unit or who are holdingfunds for any member of the eligible unit. Likewise theCWA will take all necessary and reasonable measur~s ineffecting such collections.

1. The penalty for failure or refusal to take requiredaction or to cooperate with the CWA in liquidation effortsshall be as stated in section 38 of this subchapter.

2. In situations customarily processed under contingentfee arrangements with private counsel, such as liabilitymatters, the eligible unit shall be required to undertakeaction by that method or by an alternative method acceptable to the CWA.

3. When a trust fund ·exists for a member of the eligibleunit, the CWA shall determine whether or not the f,undsare currently aecessible. If accessible, the funds re~sent an available resource and must be ,considered in determining eligibility.

i. When a trust fund is not currently accessible and itexists at the time of application, the client must as acondition of eligibility, make a bona fide presentati~n of apetition to the appropriate court for release of the fundsfor 'current and future support. The agency will assist theclient if necessary.

ii. When a trust fund is not currently accessible andcame into being during the term of the assistance case,the agency will present a petition ,to the appropriate courtfor r'elease of funds, for current and future support. Thec~ient must, as a cond~tion of continuing eligibility, proVIde whatever cooperatIOn may be necessary in the presentation of the petition.

10:81-3.40 Repayment~a) The. CWA shall, in all circumstances, take appro

pnate act~on to. r,ecover all public assistance improperly~ranted, mcludmg any benefits which may have beenImproperly granted as Medical Assistance. The actiontaken shall be in accordance with the appropriate sectionsof this manual and any other applicahle authority.

1. Recoveries of funds applicable to more than one GWAshall be divided according to the mutual agreement ofthe directors of the CWAs involved.



(b) Properly granted assistance rules are:1. Estate of deceased former child recipient: Assistance

granted in the AFDC program and in the former AFWPprogram for a particular child may become a valid claimagainst the estate of such child if the child should diebefore reaching his/her twenty-first birthday. The CWAwill take all necessary and proper action to enforce theclaim. The CWA may, with State office approval, abandonthe claim in whole or in part upon a demonstration thatcollection would present an undue hardship to the survivors.->_:

2. Pending claims or interests: IRepayment of assistancein the AFDt,; program (all segments) is cequired in certain cases in wluch assistance is granted while the recipient(s) awaits receipt of funds from some othersource. see section 5 of this subchapter regarding repayment following liquidation.

(c) Rules on th agreement to repay (form PA-10D) required are:

1. The receipt by the CWA of a signed Agreement toRepay is reqUlred as a condition of eligibility whenever,and only wnenever, there appears to be entitlement to aspecifically identified payment other than public assistance LO any persons for whom cash assistance in AFDCis being requested or granted, except as indicated insection 3944.2. For this purpose, a parent's potential entitlement is considered to include potential entitlementby that parent'smmor children who live in the samehome ,even though the parent may not be included in theeligible unit. Applicable situations include but are notilimited to:

i. Pending legal action (accidents, punitive damages,etc.);

ii. Unfulfilled contracts;iii. Debts;iv. LegaCIes or inheritances in probate;v. Sale 01 real property not used as shelter for the

eligible unit ;vi. Funds Held in trust;vii. Pending sale of exempt property as soon as the

intention to sell is reduced to writing elsewhere, i.e., agreement of sale, realtor sales contract;

viii. Sale of non-exempt personal property;ix. Equitable distribution in pendmg suits for divorce.2. The form must be signed by each person whose sig

nature is required on the application for assistance eventhough that person may not lbe included in the eligibleunit. It must identify tne SOUl1Ce and the reason for thepending payment and the date(s) of signing. An agencyemployee WHI witness each signature.

3. see N.J.A.C. 10:81-3.38(b) for penalties when an applicant/recipient fails or refuses to sign and deliver acompleted Agreement to -Repay as required.

(d) Rules on the agreement to repay not 'required are:1. Assistance other than AFDC money payments:L Agreements to Repay are not to be used in the Medic

aid Only and Medicaid Special programs.ii. Parents or parent-,persons who make application for

AFDC in cases where the requirement is applicable butare not themselves eligible for AFDC money paymentsmust sign and deliver the agreement on 'behalf of theAFDC recipient(s).

2. Benefits protected by law: The Agreement to Repayis not to be used ,when the pending payment arises frompotential entitlement to:

LRSDI, 88I, Railroad Retirement, Veteran's benefits,Workers' Compensation, Temporary Disability through

the N.J. Department of Labor and Industry, or term lifeinsurance.

3. Assignment of support (PA-10G): The signing of anAgreement to Repay is not required when the pendingpayment arises from potential entitlement to paymentof support from a relative and Assignment of Support(Form PA-10G) is applicable and has been signed andsent to the CSP unit of the agency.

(e) Each CWA will establish administrative proceduresfor appropriate follow-up of pending matters and preparation for collection. Follow-up will include prompt communication with any person or agency acting in the matter for or in behalf of any member of the eligible unit,advising such persons or agencies of the CWA claim andthe need for CWA approval before payments are made.

10:81-3.41 Action by CWA upon liquidation(a) Upon liquidation of a resource for which a valid

Agreement to Repay exists, the CWA will evaluate thesituation. Upon a showing that, by release of the fundsand only by release of the funds, the household can reasonably be expected to remain off the assistance rollsindefinitely, the CWA may, at its discretion, release thefunds to the household. In -all other instances the CWAwill, subject to the special provisions below, pursue recovery of the lesser of the following amounts:

1. The amount of cash assistance granted in the AFDCprogram to or for the person(s) for whom the pendingmatter was applicable from the date of the accident oroccurrence which gave rise to the settlement to the dateof payment; or

2. The amount of the net recovery after making allowance for costs and fees of collection, medical paymentsmade as a result of the accident or occurrence givingrise to the client's recovery, identifiable future medicalexpenses properly due from the proceeds and, at the discretion of the CWA, up to $200.00 for miscellaneous related expenses (see ASH 311.10).

(b) Rules on claims arising from sale of exempt resources (See ASH Section 310 for exempt resources) are:

1. In the liquidation of an exempt resource, the CWA'sclaim dates from the applicant's earliest written statementof intention to liquidate (Le., agreement of sale, realtysales agreement).

2. The CWA will not require repayment from the proceeds of the sale of an exempt resource when the proceeds are promptly reinvested in another exempt resourceof the same type. Funds designated by the client as beingreserved for such reinvestment may be held for up tothree months, provided the funds are in a form whichmakes them unavailable for daily living expenses. Thethree month period may be extended upon written approval of the State office.

(c) The amount due under an Agreement to Repay is notdiminished by obligations of other persons, i.e., an absentparent, to repay the same assistance to the CWA. In suchan instance, the CWA will pursue all claims until theobligations are met in full but will not collect more thanonce for any assistance granted.

(d) When any settlement or part of a settlement whichwould have been repayable is placed in trust, the CWAshall take the position that the Agreement to Repay represents a valid claim on such funds and will pursue thatclaim by petition to the appropriate court. See Section3933 for regulation 'regarding funds remaining in trust afterrepayment and/or funds in trust which are not subject toan Agreement to Repay.

(Continued on Page (42)

(OITE 10 N.J.R. 434) NEW JERSEY REGISTER, THURSDAY, OCTOBER 5, 1978


INTERIM INDEX FOR NEW JERSEY ADMINISTRATIVE CODEThis regular monthly listing provides an interim service

for subscribers to the New Jersey Administrative Code, asa check-list of rules most recently adopted.

It includes ALL rules adopted from receipt of the last

RULES NOT YET IN PRINT IN CODE:

N.J.A.C.CITATION

individual Title updatings through September 18, 1978.Since their last updates, the various State departments

and agencies have adopted the following rules-whichhave been printed in the Register but are not yet IncludedIn current pages of the Code:

DOCUMENT ADOPTION NOTICECITATION (N.J.R. CITATION)

10 N.J.R. 315(a)10 N.J.R. 137(a)10 N.J.R. 416(b)10 N.J.R. 92(c)10 N.J.R. 219(a)10 N.J.R. 136(b)10 N.J.R. 370(b)10 N.J.R. 316(a)10 N.J.R. 92(b)10 N.J.R. 219(b)

AGRICULTURE - TITLE 22:2-1.1 Amendments on contagious equine metritis reporting R.1978 d.122 10 N.J.R. 182(d)2:2-2.15(b) Amendments on limits of indemnities for brucellosis reactors R.1978 d.302 10 N.J.R. 415(a)2:48-2.1 Amendments on advertising of milk products R.1978 d.57 10 N.J.R. 92(8)2:53-l.1(b) Amended minimum milk prices R.l978 d.108 10 N.J.R. 182(8)2:53-1.Hb) Amended minimum milk prices R.l978 d.l45 10 N.J.R. 218(b)2:53-1.1(b) Amended minimum milk prices R.1978 d.317 10 N.J.R. 415(b)2:53-1.2,1.3 Amended schedules of milk prices R.1978 d.318 10 N.J.R. 414(a)2:54-3.7 Suspension to Federal Order No.4 R.1978 d.149 10 N.J.R. 218(c)2:69-1.11 Amended commercial values R.1978 d.l97 10 N.J.R. 270(8)2:70-1.8 New rules on slurries and suspensions R.1978 d.81 10 N.J.R. 135(8)2:71-1.30 Amendments on certificates of grade R.1978 d.115 10 N.J.R. 182(c)2:71-2.26 to 2.31 Inspection and grading of fruits and vegetables R.1978 d.114 10 N.J.R. 182(b)2: 73-2.5(d) Amendments on seal of quality egg expiration date R.l978 d.222 10 N.J.R. 314(b)

(Rules in the Code for Title 2 include all adoptions prior to January 23, 1978-Transmittal Sheet No. 12.)

BANKING - TITLE 33:1-1.1 Amended interest rates R.1978 d.2043:1-2.24 Minimum subscription for capital stock associations R.1978 d.713:1-9.1 et seq. Amendments to home mortgage disclosure rules R.1978 d.3043: 1-10.1 et seq. Restrictions on real property transactions in new charter applications R.1978 d.553:1-11.1 Amended definitions of affiliate and institution R.1978 d.l443:7-3.9(a)26. Amend electronic data processing R.l978 d.1033:7-4.3 Amendments on maturity for long-term time deposits R.1978 d.2903:11-1.1(a)2.i Amended list of obligations R.1978 d.2213: 18-6.1 Pledged receivables as collateral security for commereialloans R.1978 d.413:26-3.1 Reporting possible illegal activity by employees or customers R.1978 d.l63

of savings and loan associations(Rules in the Code for Title 3 include all adoptions prior to January 23, 1978-Transmittal Sheet No. 11.)

CIVIL SERVICE - TITLE 4(Rules in the Code for Title 4 include all adoptions to date-Transmittal Sheet No. 11.)

COMMUNlTY AFFAIRS - TITLE 55:10-1.1 et seq. Amendments on construction and maintenance of hotels and

multiple dwellings5:23-1.4,2.9, Amend Uniform Construction Code

3.3,4.115:23-2.6 Revisions to energy sUbcode

3.3, 3.8, 4.3 and 4.85:23-3.4(a)21 Revisions to building subcocle5:23-4.3(c)6. Amendments on conflicts of interest5:23-4.9,5.3 Amendments on effective dates5:23-6.1 et seq. Rules on tax exemption for solar facilities5:24-1.1 et seq. Conversion to condominiums and cooperatives5:30-1.14 Public participation in revenue sharing program5:30-1.15 Urban aid reporting system5:30-3.3(c) Dedication by rider to local unit budget5:30-4.1 et seq. Capital budgets and capital improvement programs5:34-1.1 et seq. Delete current text and reserve for future use

R.1978 d.289

R.1978 d.162

R.l977 d.381

R.1977 d.380R.1977 d.434R.l977 d.435R.1978 d.334R.I978 d.22R.l977 d.479R.1978 d.241R.1978 d.240R.I978 d.322R.1978 d.322

10 N.J.R. 378(b)

10 N.J.R. 225(a)

9 N.J.R. 506(b)

9 N.J.R. 5OG(a)9 N.J.R. 558(8)9 N.J.R. 558(b)

10 N.J.R. 418(8)10 N.J.R. 55(b)10 N.J.R. 55(8)10 N.J.R. 319(b)10 N.J.R. 319(a)10 N.J.R. 416(d)10 N.J.R. 416(d)

NEW JERSEY REGISTER, THURSDAY, OCTOBER 5, 1978 (CITE III N.J.R. 435)


10 N.J.R. 317(b)10 N.J.R. 318(a)

R.1978 d.211R.1978 d.233

Procedure and form of emergency ordinance under CAP lawAmendments on tenant's property tax expiration date

5:30-15.25:30-16.11,

App.B5:62-1.1 et seq. Rules on Handicapped Person's Recreational Opportunities Act R.1978 d.143 10 N.J.R. 224(a)

(Rules in the Code for Title 5 include all adoptions prior to 8ep. 21, 1977-Transmittal Sheet No.9.)

10 N.J.R. 418(c)10 N.J.R. 383(a)10 N.J.R. 6(a)10 N.J.R. 6(c)10 N.J.R. 227(a)10 N.J.R. 227(b)10 N.J.R. 142(b)10 N.J.R. 227(c)

10 N.J.R. 6(b)10 N.J.R. 59(a)10 N.J.R. 319(d)

10 N.J.R. 142(c)10 N.J.R.l42(a)10 N.J.R. 5(b)10 N.J.R. 319(c)

R.1978 d.306R.1978 d.277R.1977 d.464R.1977 d.466R.1978 d.146R.1978 d.147R.1978 d.86R.1978 d.148

R.1977 d.465R.1978 d.7R.1978 d.227

R.1978 d.87R.1978 d.85R.1977 d.483R.1978 d.226

Amendments on thorough and efficient systemAmendments on bookkeeping in local school districtsAmendments on school bus equipment specifications

Rule on school bus strobe warning lampsAmendments on special educationRules on auxiliary services for nonpublic school pupilsRules on corrective speech services for nonpublic school pupilsAmendments on Statewide assessmentAmendments on standards for adult education reimbursementRecognition of accredited private vocational schoolsCQntracting for educational services with eligible private

vocational schoolsAmendments on State library aid R.1978 d.121 10 N.J.R. 183(b)

(Rules in the Code for Title 6 include all adoptions prior to Nov. 21, 1977-Transmittal Sheet No. 11.)6:68-1.8

EDUCATION - TITLE 66:3-1.6 Delete summer payment plan rule for academic year persoDDel6:3-1.11 Amendments on superintendency6:3-1.21. Evaluation of tenured teaching staff members6:3-2.1 Amendments on pupil records

through 6:3-2.86:8-1.1, 6.2, 7.16:20-2.36:21-5.1 et seq.

6.1 et seq.6:21-19.1,(h)6:28-1.1 et seq.6:28-5.1 et seq.6:28-6.1 et seq.6:39-1.1 et seq.6:44-3.1(a)5.6:46-4.186:46-9.1 et seq.

10 N.J.R. 237(b)

10 N.J.R. 279(b)

10 N.J.R. 146(d)

10 N.J.R. 328(c)

10 N.J.R. 187(a)10 N.J.R. 328(d)10 N.J.R. 384(a)10 N.J.R. 101(b)

10 N.J.R. 144(a)10 N.J.R. 328(a)10 N.J.R. 425(b)10 N.J.R. 422(a)10 N.J.R. 145(a)10 N.J.R. 329(a)10 N.J.R. 329(b)10 N.J.R. 421(a)10 N.J.R. 425(a)10 N.J.R. 384(b)10 N.J.R. 146(a)

R.1978 d.161

R.1978 d.102

R.1978 d.182

R.1978 d.231

R.1978 d.112R.1978 d.232R.1978 d.292R.1978 d.48

R.1978 d.69R.1978 d.219R.1978 d.327R.1978 d.299R.1978 d.70R.1978 d.237R.1978 d.238R.1978 d.298R.1978 d.326R.1978 d.295R.1978 d.72

Emnd effective date on construction of sewage facilities

Extend effective date on sewers to July I, 1978

Amendments on shellfish beds in Barnegat BayAmendments on condemnation of certain shellfish bedsAmendment on condemnation of certain shellfish bedsAmendments on shellfish harvest permits and relay programAmendments on floodway delineationsAmendments on delineated floodways in Raritan BasinAmendments on delineated floodways in Raritan BasinAmendments on expanded shellfish relay programAmendments on expanded shellfish relay programDefining lines where fishing license is requiredAmendments on manifest system for hazardous wastes

ENVIRONMENTAL PROTECTION - TITLE 77: 1E-1.1 et seq. Amendments on discharge of petroleum and other substances7:2-11.1 et seq. Amendments on natural areas system7:7E-1.1et seq. Rules on coastal resource and development policies7:8-1.1 et seq. Rules of practice and procedure; Division of Water Resources

7:10-3.10 et seq.7:9-2.1 et seq.,

7:10-3.10 et seq.7:9-2.1,

7:10-3.10 et seq.7:9-2.4, 2.60, Amendments on construction of sewerage facilities and waste

2.67,2.70 supply systems7:10-3.10 et seq.

7:9-2.5,2.7, Amendments to standards for sewerage facilities and water2.19,2.5,2.60, 2.61, 2.98

7:12-1.1, 1.37:12-1.1 et seq.7: 12-1.3{a}39.iii.7:12-2.77:13-1.2, 1.47:13-1.11(d)27: 13-1.11Cd)217:25-15.17:25-15.17:25-16.1 et seq.7:26-1.4,2.6, 2.11,

2.13, 7.1 et seq.7:26-4.1 et seq. Reinstate prior fee schedule of Solid Waste Administration R.1978 d.205 10 N.J.R. 327(c)7:27-9.1 et seq. Amendments on sulfur in fuels R.1978 d.276 10 N.J.R. 383(c)7:27-10.1 et seq. Amendments on sulfur in coal R.1978 d.220 10 N.J.R. 328(b)7:28-24.1 et seq. Nuclear medicine technology R.1978 d.101 10 N.J.R. 146(c)7:28-25.1 et seq. Radiation laboratory fee schedule R.1978 d.47 10 N.J.R. 101(a)Temporary rule Closing of State waters to sea clam harvesting R.1978 d.111 10 N.J.R. 186(c)Temporary rl'le Emergency amendments on opening sea clam waters R.1978 d.119 10 N.J.R. 187(b)Temporary rule Amendments on 1978 oyster seed bed season R.1978 d.l23 10 N.J.R. 188(a)Temporary rde Change date of 1978 bay season; oyster seed beds R.1978 d.128 10 N.J.R. 188(b)Temporary rule 1978-79 game code R.1978 d.199 10 N.J.R. 279(c)Temporary Rule Rule on preservv.tion of sea clam resources; closing certain waters R.1978 d.328 10 N.J.R. 426(a)


(CITE 10 N.J.R. 436) NEW JERSEY REGISTER, THURSDAY. OCTOBER 5, 1978


10 N.J.R. 430(b)10 N.J.R. 104(b)10 N.J.R. 100(c)10 N.J.R. 43O(a)10 N.J.R. 430(d)9 N.J.R. 519(c)

10 N.J.R. 12(a)10 N.J.R. 385(b)10 N.J.R. 334(a)

10 N.J.R. 62(c)10 N.J.R. 188(d)10 N.J.R. 189(a)10 N.J.R. 250(a)9 N.J.R. 519(e)

10 N.J.R. 148(a)10 N.J.R. 341(a)10 N.J.R. 12(b)10 N.J.R. 249(b)10 N.J.R. 149(a)10 N.J.R. 249(a)10 N.J.R. 62(d)10 N.J.R. l03(b)9 N.J.R. 519(d)9 N.J.R. 518(b)9 N.J.R. 518(a)

10 N.J.R. 385(c)10 N.J.R. 104(a)9 N.J.R. 518(d)9 N.J.R. 518(c)

10 N.J.R. 104(d)10 N.J.R. 280(c)10 N.J.R. 430(e)

9 N.J.R. 519(a)9 N.J.R. 519(b)

10 N.J.R. 430(c)10 N.J.R. 385(a)

R.1977 d.400R.1977 d.401R.1978 d.338R.1978 d.274

R.1978 d.337R.1978 d.63R.1978 d.64R.1978 d.336R.1978 d.339R.1977 dA02R.1977 d.467R.1978 d.293R.1978 d.244

R.1978 d.24R.1978 d.127R.I978 d.129R.1978 d.l68R.1977 dA04R.1978 d.93R.1978 d.246R.1977 d.472R.1978 d.167R.1978 d.l00R.1978 d.l66R.1978 d.25R.1978 d.49R.1977 d.403R.1977 d.397R.1977 d.396

. R.1978 d.294R.1978 d.62R.I977 d.~99

R.1977 d.398R.1978 d.65R.1978 d.203R.I978 d.340

Amendments on qualifications of health officerDepuration of soft shell clamsSmoking in public placesPostpone effective date of public smoking rulesAmendments on sterilization of cooking and utensilsNew drugs and amygdalinLaetrile efficacy in study of cancerExtension of effective date to July 1, 1979Amendments on licenses for food and cosmetic establishmentsRules on dented cans, salvage foods and beveragesAmendments on waterfront staff and youth camp safety standardsLong-term-care facilities for indigents as condition for licensureAmended standards and criteria; prenatal servicesAmend list of therapeutic agents on mobile unitsRules on megavoltage radiation oncology unitsImplementation of economic factor for SHAREAmendments on time-phased plansAmendment or certificates of need and transfers of ownershipAmendments on submission of certificate of needRules on regional end-stage renal disease servicesAmended standards for licensing long-term care facilitiesChange effective date on nursing homes to January 1, 1979Amendments to manual of standards for licensure of

long-term-care facilitiesAmendments on licensure of home health agenciesAmendments on records for new boarding homesAmendments to standards for licensure of ambulatory care facilitiesAmendments on abortion; st'andards for licensure of ambulatory

care facilitiesAmendments on medications and treatment prescribed by podiatristsRenal dialysis servicesNurse-midwifery servicesRules on operation of clinical laboratoriesAmendments to minimum standards of performanceRules on childhood lead poisoningReporting bladder cancerCancer registryAmendments on immunization of pupils in schools

8:43B-6.4(c)8:43B-15.1 et seq.8:43B-16.1 et seq.8:44-2.1 et seq.8:51-1.2, 1.38:51-7.1 et seq.8:57-1.198:57-1.208:57-4.8,4.11,

4.14,4.168:65-10.1(a)1. Add thiophene avalog of phencyclidine as dangerous R.1977 d.441 9 N.J.R. 567(b)8:65-10.2(b)4. Transfer of phencyclidine R.1978 d.247 10 N.J.R. 341Cb)8:65-10.4 Addition of Lorazepam to controlled dangerous substances R.1978 d.23 10 N.J.R. 62(b)8:65-10.5 Add Loperamide as dangerous R.I977 d.440 9 N.J.R. 567(a)8:65-10.6 Excluded O.T.C. substances R.1978 d.60 10 N.J.R. 103(d)8:65-10.7 Excepted prescription drugs R.1978 d.61 10 N.J.R. 103(e)8:65-10.8 Exempt chemical preparations R.1978 d.59 10 N.J.R. 103(c)8:70-1.1 et seq. Interim drug evaluation and acceptance criteria R.1978 d.202 10 N.J.R. 280(b)8:70-1.1 et seq. Repeal interim drug evaluation and acceptance criteria R.1978 d.248 10 N.J.R. 34l(c)8:70-1.1 et seq. Rules on drug evaluation and acceptance criteria R.1978 d.341 10 N.J.R. 430(f)

(Rules in the Code for Title 8 include all adoptions prior to Sep. 21, 1977-Transmittal Sheet No.8.)

8:42-1.18(f)8: 43-4.7(c)8:43A-l.l et seq.8:43A-1.48(b)1.

HEALTH - TITLE 88:7-1.9(a)2.i.8:13-2.1 et seq.8:15-1.1 et seq.8:15-1.1 et seq.8:21-2.318:21-4.1 et seq.8:21-4.31-4.348:21-7.1 et seq.8:21-904, 9.68:21-11.1 et seq.8:25-5.28:30-14.1 et seq.8:31-8.1 et seq.8:31-25.1(a)8:31-27.1 et seq.8: 31A-I0.58: 31A-I0.68: 33-1.5({)3.8:33-1.5(1),3.118:36A-l.l et seq.8:39-1.1 et seq.8:39-1.1 et seq.8:39-1.1 et seq.

10 N.J.R. 431(b)

10 N.J.R. 386(a)

10 NJ.R. l05(b)10 N.J.R. 253(a)9 N.J.R. 521(8)

10 N.J.R. 386(b)

10 N.J.R. &3(a)10 N.J.R. lOS(c)10 N.J.R. 190(a)10 N.J.R. 281(b)10 N.J.R. 431(a)10 N.J.R. 28l(c)

R.I978 d.335

R.1978 d.249

R.1978 d.52R.1978 d.136R.I977 d.376R.1978 d.250

R.1977 d.483R.1978 d.53R.1978 d.106R.1978 d.l98R.1978 d.329R.1978 d.200

Amendments on responsibilities of Licensure and ApprovalAdvisory Board

Definition of academic yearAmendments on appeals to ChancellorVeterans tuition credit programAmendments to general accounting and procedures manual

of State-supported county collegesAmendments on non-credit and credit courses auditing proceduresAmendment on multi-year contracts for non-teaching personnelAmendments on tuition aid grants and scholarship programNoncitizen eligibility for student loansAmendments on eligibility for graduate. insured loan programAmendments on eligibility of independent students

HIGHER EDUCATION - TITLE 99:1-1.12, Amendments on out-of-state institutions desiring to enter New Jersey

6.1 et seq.9:1-2.1 et seq.

9:2-2.29:2-6.1 et seq.9:2-11.1 et seq.9:4-3.1,3.3,

3.44,3.559:4--3.57(b)9:4--7.2(d)9:7-1.1 et seq.9:9-1.1, 1.29:9-5.29: 11-1.5(d)



10 N.J.R. l05(d)10 N.J.R. 28l(d)

R.1OO8 d.54R.1OO8 d.201

Amend financial aid guidelines for studentsAmendments on academic year program support funds

Amendments to SPUR rules R.1977 d.439 9 N.J.R. 571(a)(Rules in the Code for Title 9 include all adoptions prior to Sep. 21, 1977-Transmittal Sheet No. 10.)

9: 11-1.1 et seq.9:11-2.1 et seq.,

9:12-1.1 et seq.9:14-3

R.1OO8 d.83 10 N.J.R. 154(a)R.1977 d.482 10 N.J.R. 63(d)R.1978 d.332 10 N.J.R. 444(d)

R.1OO8 d.333 10 N.J.R. 445(a)

R.1OO8 d.330 10 N.J.R. 444(b)

R.1OO8 d.331 10 N.J.R. 444(c)R.1977 d.490 10 N.J.R. 65(b)R.1978 d.280 10 N.J.R. 399(a)

R.1978 d.297 10 N.J.R. 443(b)

R.1978 d.1 10 N.J.R. 66(d)R.1978 d.44 10 N.J.R. 116(b)R.l977 d.491 10 N.J.R. 66(a)R.1OO8 d.l83 10 N.J.R. 285(c)

R.1978 d.2 10 N.J.R. 66(e)R.1OO8 d.216 10 N.J.R. 345(a)R.1977 d.489 10 N.J.R. 65(a)R.1977 d.492 10 N.J.R. 66(b)R.1977 d.452 10 N.J.R. 16(b)R.1OO8 d.l90 10 N.J.R. 286(a)

R.1OO8 d.l40 10 N.J.R. 255(a)

R.1OO7 d.447 10N.J.R. 16(a)R.1OO8 d.811 10 N.J.R. 154(c)R.1OO8 d.229 10 N.J.R. 346(b)R.1978 d.157 10 N.J.R. 255(b)

R.1978 d.191 10 N.J.R. 286(b)R.1OO8 d.76 10 N.J.R. 153(c)R.1OO8 d.314 10 N.J.R. 444(a)R.1OO8 d.218 10 N.J.R. 345(c)R.1978 d.l71 10 N.J.R. 28S(b)

R.1978 d.217 10 N.J.R. 345(h)

R.1977 d.444 10 N.J.R. 15(a)

R.1978 d.303 10 N.J.R. 443(d)R.1OO8 d.169 10 N.J.R. 256(a)R.1OO7 d.488 10 N.J.R. 64(c)R.l977 d.441: 10N.J.R. 15(b)

R.l977 d.446 10 N.J.R. 15(c)R.1OOS d.77 10 N.J.R. 153(d)R.1978 d.117 10 N.J.R. 192(c)R.l977 d.487 10 N.J.R. 64(b)R.1OOS d.74 10 N.J.R. 153(b)R.1978 d.84 10 N.J.R. 154(b)R.1978 d.324 10 N.J.R. 443(e)

Amendments on sponsors of aliens -as potential resources

Amendments on unmarried child's eligibility for assistanceAmendments on mandatory registration with Employment ServiceAmendments on general assistance payment levelsAmendments on financial eligibility and support

Amendments on municipal funds subject to State matching

Amendments on inclusion of 18-21 year-<>lds in AFDC-NAmendments on budgeting cases involving stepparentsAmend per capita table of companion casesAmendments on overpayment and underpaymentsAmendments on legal settlements

Amendments on transportation services

Amendments on basis of payment for legend drugsAmendments on pneumococcal polyvalent vaccineRules on pharmaceutical assistance to aged programAmendments on pharmaceutical assistance to the aged

Amendments on exemption of HUD vendor paymentsAmendments 011 referral of clients to DVRSAmendments on illegal aliens in food stamp programDelete rule on administrative reportsIdentification of exempt assets for food stampsAmendments on income deductions for food stampsAmendments on restoration of lost ·benefits to zero purchase

households

Amended dental services manualAmended rules on long-term care facilities billing proceduresAmendments on cost study, rate review guidelines, long-term-careAmendments on pharmaceutical assistance to agedAmendments to Public Assistance Manual to conformAmendments on inclusion of 18-21 year-<>lds in AFDC-N

Amendments on medical assistance for unborn child

Amendments on fair hearing requestsAmendments on incentive payments to CWA'sAmend public assistance allowance standards for AFDCAmendments on budgeting public assistance cases

HUMAN SERVICES - TITLE 1010:3-1.1 et seq. Rules on debarment of contracting persons10:37-12.1 et seq. Construction assistance for community mental health facilities10:43-1.1 et seq. Amendments on determination of mental deficiency/need for

guardianship10:44-13.1 et seq. Rules on community residences for mentally retarded and develop

mentally disabled10:44A-l.l et seq. Standards for licensed community residences for develop mentally

disabledAmendments on provision of guardianship servicesAdoption by reference of Federal standards for mentally retardedRules on general provisions

10:45-1.1 et seq.10:49-1.3(b)10:49-2.1 et seq.

5.1 et seq.,6.1 et seq.

10:50-1.1, 1.2,2.6,2.9

10:51-1.10(c)10:54-3.5,3.610:51-5.1 et seq.10:51-5.1 et seq.,

6.1 et seq.,10:69A-4.3(c)

10:56-1.1 et seq.10:63-2.1 et seq.10:63-3.1 et seq.10:69A-l.l et seq.10:8110:81-2.6,2.21,

3.1,3.11,3.1310:81-3.8(b),

8.22(a)10:81-6.15(d)10:81 Appendix D10:82-1.2(c)10:82-1.3, 1.4, 2.3,

2.4, 2.6, 2.10,2.19, 3.2, 3.8

10:82-1.5, 1.710:82-2.910:82-2.1310:82-2.1910:85-1.1, 1.3, 2.1,

3.2, 4.6, 6.2, 6.3,6.4, 10.1 et seq.

10:85-1.3, 2.1,5.2,6.2

10:85-3.1(a)2,3.3(e)1.,3.4(b)1.,9.1(d)

10:85-3.1(e)l.i10:85-3.2(g)10:85.3.3,4.1,4.210:85-3.3(e)4.

and 9.5(c)10:85-3.3(e)5.10:85-5.3(h)3.10:87--3.810:87-3.2410:87-4.13(a)10:87-5.810:87-6.5, 6.42,

6.43



10 N.J.R. 34&(a)

10 N.J.R. 192(b)10 N.J.R. 116(a)

10 N.J.R. 64(a)10 N.J.R. 443(c)10 N.J.R. 344(c)10 N.J.R. 153(a)10 N.J.R. 443(a)10 N.J.R. 395(a)10 N.J.R. 192(a)

R.1978 d.223

R.1978 d.109R.l978 d.43

R.1m d.486R.1978 d.300R.1978 d.212R.1978 d.73R.l978 d.296R.1978 d.261R.1978 d.107

Amendments on certification pending verification for food stampsAmendments to Food Stamp Manual

Amendments on fair hearing process, food stamp manual

Amendment on appellant's right during fair hearing1979 fiscal year plan for vocational rehabilitationAmendments on fees for medical examinationsAmendments on exclusion of home Medicaid onlyAmendments on living allowance deductions, Medicaid Only ManualSSI payment scheduleAmend Ruling 11 on classification and compensation

10:87-6.510:87-6.14, 6.41,

6.42 and 6.4410:87-7.10,7.12,

7.14,7.19,7.20,7.22,7.25,7.26,7.27,7.28,7.29

10:87-7.17(a)610:9410:94-3.13(1)10:94-4.410:94-4.35, 5.810: 100-1.2310:109

Appendix I10:109-2.2(e) Amend Ruling IT classification and compensation plan R.1m d.459 10 N.J.R. 16(c)Temporary rule 1978 State plan for vocational rehabilitation R.1m d.494 10 N.J.R. 66(c)

(Rules in the Code for Title 10 include all adoptions prior to Nov. 21, 1977-Transmittal Sheet No.9.)

CORRECTIONS - TITLE lOA10:70-1.1 et seq. Amended rules of State Parole Board R.1978 d.97 10 N.J.R. 154(d)

(Rules in the Code for Title lOA include all adoptions prior to Nov. 21, 1977-Transmittal Sheet No.1.)

INSURANCE - TITLE 11

10 N.J.R. 165(8)10 N.J.R. 257(a)10 N.J.R. 116(c)10 N.J.R. 256(d)

R.1978d.78R.1978 d.l65R.1978 d.42R.1978 d.l35

FAIR Plan surchargeAlcoholism benefitsAmendment to advertising rulesAmendments on educational requirements for salesmen and

brokers license examinations11:5-1.27 Amendments on educational requirements for licensure R.1978 d.271 10 N.J.R. 399(b)11:11-1.1 Title insurance agents' service fees R.1978 d.291 10 N.J.R. 399(c)

(Rule.3 in the Code for Title 11 include all adoptions prior to January 23, 1978-Transmittal Sheet No. 10.)

11: 1-5.411:4-15.1 et seq.11:5-1.15(d)11:5-1.27

10 N.J.R. 4OO(a)10 N.J.R. 445(b)10 N.J.R. 202(a)10 N.J.R. 400(d)

10 N.J.R. 4OO(b)R.1978 d.282

R.1978 d.281R.1978 d.305R.1978 d.116R.1978 d.288

Maximum weekly benefit f\ates; unemployment compensationand temporary disability benefits

Amended taxable wage base; unemployment compensation lawContribution rate of governmental entities and instrumentalitiesAmendments on appearances before appeal tribunalsDelete rules on worker health and safety, seasonal workers

and construction safety

12: 15-1.412:15-1.512:20-5.4(b)12:100-102,110,

111, 115, 116,120, 121, 130-134,140-148, 160-162,170,173 and 180

12:195-1.1 et seq. Amendments on carnival amusement rides R.I978 d.239 10 N.J.R. 347(8)(Rules in the Code for Title 12 include all adoptions prior to Jan. 23, 1978-Transmittal Sheet No.8.)

LABOR AND INDUSTRY - TITLE 12

12: 15-1.3

LAW AND PUBLIC SAFETY - TITLE 13

13:1-1.1 et seq.13:2-1.1 et seq.13:2-18.7,31.3,

31.6(b),34.613:4-8.2(a)1.13:4-12.913: 18-10.1et seq.

13:20-27.113:20-32.3(b),

33.22(b)13:23-2.2(d)13:25-1.1 et seq.13:2&-1.1 et seq.

Amended rules of Police Training CommissionDelete references to old addresses of ABC DivisionAmendments on sales and licensing

Deletion on discovery by parties other than DivisionCosts of hearingsUnsatisfied claim and judgment fund reimbursement of

excess medical expensesDelete rule and mark section and subchapter as revisedAmendments on vehicle reinspection centers as to engine

emission categoryAmendments on documents; applications for driver school licensesRules on motorized bicyclesTransportation of bulk commodities

R.1978 d.236R.1978 d.33R.1978 d.75R.1978d.82R.1978 d.4&R.l978 d.207

R.1978 d.66R.1978 d.67

R.1978 d.68R.1978 d.58R.1978 d.278

10 N.J.R. 352(8)10 N.J.R. 121(a)10 N.J.R. 170(8)10 N.J.R. 171(a)10 N.J.R.121(b)10 N.J.R. 350(b)

10 N.J.R. 122(8)10 N.J.R. 122(b)

10 N.J.R. 122(c)10 N.J.R. 12l(d)10 N.J.R. 404(c)

NEW JERSEY REGISTER, THURSDAY, OCTOBER 5, 1978 (CITE 10 N.J.R. (39)


R.1978 d.243 10 N.J.R. 352(c)R.1978 d.l20 10 N.J.R. 203(b)R.1978 d.170 10 N.J.R. 261(c)R.1978 d.208 10 N.J.R. 350(c)R.1978 d.209 10 N.J.R. 350(d)R.1978 d.32 10 N.J.R. 12O(a)R.1978 d.210 10 N.J.R. 351(a)R.1978 d.134 10 N.J.R. 261(b)R.1978 d.126 10 N.J.R. 204(a)R.1978 d.213 10 N.J.R. 351(b)R.1978 d.242 10 N.J.R. 352(~')R.1978 d.206 10 N.J.R. 350(a)R.1978 d.193 10 N.J.R. 295(d)R.1978 d.l92 10 N.J.R. 295(c)R.1978 d.323 10 N.J.R. 447(a)R.1978 d.279 10 N.J.R. 405(a)R.1978 d.56 10 N.J.R. 121(c)

R.1978 d.141 10 N.J.R. 259(b)R.1978 d.132 10 N.J.R. 295(b)R.1978 d.275 10 N.J.R. 404(b)

R.1978 d.133 10 N.J.R. 261(a)

R.1978 d.269 10 N.J.R. 403(c)Amendments on position of Chief St'ate Veterinarian

Amendments on veterinarians classified as State veterinarians

Amendments on magnitude of permitted variationsAmendments on jockey payments for dead heatsAmendments on medication to control bleeding in racing

Amendments on trifecta wagering R.1978 d.235 10 N.J.R. 351(c)Amendments on trifecta wagering in harness racing R.1978 d.270 10 N.J.R. 404(a)

(Rules in the Code for Title 13 include all adoptions prior to Jan. 23, 1978-Transmittal Sheet No. 11.)

13:29-1.13 Fees for licensees of Board of Certified Public Accountants13:30-8.3 Amendments on use of general anesthesia13:30-8.6 Providing information to the public13:33-1.11 Amendments on temporary ophthalmic dispenser permit13:33-1.12 Amendments on temporary ophthalmic technician permit13:33-1.35(a) Amendments on professional advertising13:35-6.11(a) Amendments on prohibition of kickbacks for services not rendered13:35-6.12 Release of patient records13:35-6.13 Provision of information to the public13:35-7.2 Amendments on termination of pregnancy13:38-6.1 Availability of optometrist records13:39-5.11 Delete rule on applicants previously taking examinations13:40-6.1 Fees schedule, professional engineers and land surveyors13:42-1.2 Amendments on fees, psychological examiners13:44-2.13 Temporary permit fee13:47A-25.1 et seq. Rules on corporation takeover bid disclosure law13:47B-1.3,1.7,1.11, Amend rules on weights and measures

1.13,1.15,1.20,1.21,2.1 etseq.

13:47D-4.34(a)3.13:70-9.19,25.513:70-14.17,

13:71-23.213:70-15.1, 15.2,

19.34, 19.38,13:71-9.1,9.3

13:70-15.1,15.2,19.34, 19.35,19.38 and13:71-9.1

13:70-29.53(b)13:70-29.53

Railroad track safetyAmendments on telephone serviceAmendments on cable television ratesAmendments on municip,al hearings and procedures for cable

television

ENERGY - TITLE 14A (Including Board of Public Utilities, Title 14)

14:3-3.6,7.1,7.5, Amendments on public utility deposits and discontinuances7.12,7.13,7.14

14:8-1.214:10-1.1 et seq.14:17-18.1 et seq.14:18-11.7(a),

11.10

R.I978 d.155

R.1978 d.110R.1978 d.89R.1978 d.125R.1978 d.262

10 N.J.R. 261(e)

10 N.J.R. 205(a)10 N.J.R. 171(b)10 N.J.R. 207(a)10 N.J.R. 405(b)

14A:3-1.1 et seq. Rules on energy conservation R.1978 d.273 10 N.J.R. 405(c)14A:3-2.1 et seq. Air conditioning energy efficiency ratios R.1978 d.150 10 N.J.R. 26l(d)14A:3-2.2 et seq. Amendments on energy conservation R.1978 d.315 10 N.J.R. 447(b)

(Rules in the Code for Title 14A include all adoptions prior to January 23, 1978--Transmittal Sheet No. 1.)(For Title 14-PUB, Transmittal Sheet is No.9, as of January 23, 1978)

STATE - TITLE IS(Rules in the Code for Title 15 include all adoptions to date-Transmittal Sheet No. 10.)

PUBLIC ADVOCATE - TITLE 15A15A:1-1.1 at seq. Rules of practice; Public Interest Advocacy

(No rules yet available in the Code,)

R.1977 d.362 9 N.J.R. 541(b)

TUANSPORTATION - TITLE 16

16:16-4.3, Rescission of allocated but unexpended local State aid funds16:17-4.3

16:28-1.98,1.168 Amendments on speed limits on Routes 52, U.S. 202, 1-676 and 1-76to 1.170

16:28-1.138-- Speed limits on parts of Route 471.143

R.1978 d.245

R.1978 d.39

R.1978 d.313

10 N.J.R. 359(b)

10 N.J.R. 126(e)

10 N.J.R. 455(d)



10 N.J.R. 126(f)10 N.J.R. 406(d)

10 N.J.R. 464(a)

10 N.J.R. 126(d)10 N.J.R. 126(a)10 N.J.R. 455(e)

10 N.J.R. 127(a)10 N.J.R. 263(c)10 N.J.R. 406(b)10 N.J.R. 455(b)10 N.J.R. 126(c)

10 N.J.R. 126(b)

10 N.J.R. 455(a)10 N.J.R. 454(c)10 N.J.R. 454i(b)10 N.J.R. 406(a)10 N.J.R. 359(a)10 N.J.R. 172(a)10 N.J.R. 406(e)10 N.J.R. 405(d)10 N.J.R. 406(c)10 N.J.R. 264(a)

R.1978 d.307

R.1978 d.38R.1978 d.34R.1978 d.312

R.1978 d.310R.1978 d.309R.1978 d.308R.1978 d.264R.1978 d.228R.1978 d.80R.1978 d.268R.1978 d.263R.1978 d.266R.1978 d.l64

R.l978 d.4OR.1978 d.137R.1978 d.265R.1978 d.311R.1978 d.37

~-:,m

R.1978 d.36Restricted parking on Routes 21, 44, n' and 31

Restricted parking on parts of Route 26, 44, 28 and U.S. 22

Speed limits on Route 31Speed limits on parts of Route U.S. 206Speed limits on Routes U.S. 9, 140, U.S. 30 and 44Speed limits on parts of Route 1-280Amendments on restricted parking on Routes 70, U.S. 130 and 179

Amendments on restricted parking on Route U.S. 206 in Lawrence Twp. R.1978 d.35Amendments on restricted parking on Routes 28, U.S. 40, 9 and 27 R.1978 d.267

16:28-1.17116:28-1.17216:28-1.173-1.17616:28-1.17916:28-3.36,3.56,

3.158, 3.15916:28-3.41,

3.162, 3.172,3.173

16:28-3.59,3.161-3.165

16:28-3.8316:28-3.108,

3.169-3.17116:28-3.160 Restricted parking on Route 3616:28-3.166-3.168 Restricted parking on Routes 79, 21A ~liDd U.S. 13016:28-3.174-- Rules on restricted parking on parts oJr Routes U.S. 22, N.J. 28, 33

3.177 and 4916:28-3.178 Restricted parking on parts of Route 3416:28-4.6 One-way traffic on parts of Route 3516:28-8.2 Yield intersection in Bordentown Towllship16: 28-12.37(a)15. Amendments on no right turns on Route 4916:28-13.4 Amendments on limited access prohihition along interstate highways16:28-15.1 et seq. No-passing zones on Route 109 and U.S. 20616:28-15.3-15.6 No passing zones on Routes 67, 63, 5 and 9416:28-15.715.10 No passing zones on Routes U.S. 206 and N.J. 1216:28-16.1 Traffic rules on DOT property at Metro Park16: 65-3.2 Amendments on requisition, distribution and sale of construction

through 3.5 plans<Rules in the Code for Title 16 include all adoptions prior to January 23, 1978-Transmittal Sheet No. 11.)

TREASURY.GENERAL - TITLE 17

10 N.J.R. 265(b)

10 N.J.R. 175(b)9 N.J.R. 601(a)

10 N.J.R. 175(c)10 N.J.R. 175(d)10 N.J.R. 265(c)

10 N.J.R. 265(8)10 N.J.R. 305(b)

10 N.J.R. 26S(d)10 N.J.R. 176(a)9 N.J.R. 544(b)

10 N.J.R. 176(b)9 N.J.R. 544(c)

10 N.J.R. 209(b)10 N.J.R. 44(b)

10 N.J.R. 304(b)10 N.J.R. 175(a)10 N.J.R. 456(b)9 N.J.R. 544(d)

10 N.J.R. 45(c)9 N.J.R. 601(b)

10 N.J.R. 305(c)10 N.J.R. 304(a)10 N.J.R. 305(a)

R.1978 d.131

R.1978 d.139R.1978 d.104R.1977 d.377R.1978 d.105R.1977 d.378

R.1978 d.96R.l977 d.416R.1978 d.98R.1978 d.99R.1978 d.138

R.1978 d.130R.1978 d.l84

R.1978 d.113R.1977 d.461

R.1978 d.180R.1978 d.94R.1978 d.316R.I977 d.393R.l977 d.478R.1977 d.436R.1978 d.195R.1978 d.179R.1978 d.185

Amendments on salary computation of retirement benefitsAmend rules of Consolidated Police and Firemen's Pension Fund

Amended definition of retired employe,eAmendments on judicial retirement system

Amendments on biweekly salary for retirementOptional settlements for group lifeAmend rules on prescription drug programRules on dental expense programAmendments on biweekly computatiolil of retirement and death

benefitsAmended contributory insurance rateAmendments on salary computation of benefitsRevisions on enrollment datesAmend Police and Firemen's Retirem,~ntrulesRevisions on police, firemen's retirement system

Amendments on State health benefits program

Amendments on classification of fundsAmendments on classification of fundsAmendments on classification of fundsAmend permissible investmentsRules on New Jersey Cash Management FundCash management fundSigning of formal judgmentsPick-Four lottery rulesAmendments on affirmative action requirements

17:1-4.1917: 1-4.3017: 1-10.1, 10.317: 1-11.1 et seq.17:2-3.2(i) ,

6.24(b), 6.2517:2-3.317:3-3.3,6.26, 6.2717:4-2.1,2.617:4-3.1(i), 6.16(b)17:4-4.1,6.1,6.2,

6.3,6.1317:5-2.Hg), 5.917:6-2.1(a),3.2,

3.9,3.1017:9-2.3(a),

5.2,5.1117:9-6.1(a)17:10-3.1,

4.1,5.10, 5.1217:16-5.4,5.517:16-5.517: 16-5.5, 5.617:16-9.117:16-31.1 et seq.17:16-41.1 et seq.17: 18-1.7917:21-12.1 et seq.17:24-4.3,

7.4, 13.217:27-1.1 et seq. Affirmative action requirements for public works R.1977 d.364 9 N.J.R. 543(c)Temporary rule Jersey Casino Instant Lottery R.1978 d.224 10 N.J.R. 363(a)

(Rules in the Code for Title 17 include all adoptions prior to Sep. 21, 1977-Transmittal Sheet No.9.)

NEW JERSEY REGISTER. THURSDAY. OCTOBER 5, 1978 (CITE 10 N.J.R. 44I)


(Continued from Page 434)

(e) Rules on valid Agreement to Repay does not existare:

1. Upon Uquidation of a resource for which a valid Agreement to Repay does not exist solely hy reason of the applicant/client's withholding of information about the matter, the CWA shall pursue collection activity as in Section 3951, indicating to those concerned, including thecourts, that except for the client's withholding of information, a valid agreement would have existed or -the assistance would not have been granted.

2. In any instance in which an Agreement to Repaywould have been applicable ,but closure of the case precluded delivery of the Agreement, the CWA will determine the amount of assistance which would have beenrepayable under a properly executed Agreement to Repay. Based on the feasibility of collection action, it willthen take such action as is appropriate.

3. Upon liquidation of a resource for which a validagreement does not exist for any reason other than with-

holding of information by the client, the CWA shall notpursue any claim but will nonetheless reevaluate currenteligibility.

Editor's Note: Upon adoption of these changes, it isproposed to change the citations of the current textof N.J.A.C. 10:81-3.41 through 10:81-3.44 to then become N.J.A.C. 10:8H.42 through 10:81-3.45.

Interested persons may present statements or argumentsin writing relevant to the proposed action on or beforeOctober 25,1978, to:

G. Thomas Riti, DirectorDivision of Puhlic WelfareBox 1627Trenton, N.J. 08625

The Division of Public Welfare may thereafter adoptrules concerning this subject without further notice.


TREASURY·TAXATION - TITLE 18

10 N.J.R. 128(b)10 N.J.R. 457(C)

10 N.J.R. 407(c)10 N.J.R. 364(a)10 N.J.R. 457(d)10 N.J.R. 457(b)10 N.J.R. 265(e)10 N.J.R. 407(a)10 N.J.R. 128(a)

R.1978 d.30R.1978 d.321

R.1978 d.287R.1978 d.225R.1978 d.325R.1978 d.320R.1978 d.l42R.1978 d.285R.1978 d.31

Corporation tax; new jobs creditAmendments on Personal Property Tax

Amendments on tax abatement on added assessmentsProperty tax exemption for solar energy systemsAmendments on petitions of appealAmendments on floor covering and Sales and Use TaxRules on sales tax and data processingSales and use tax exemption; solar energy devices and systemsAmendments on transfer inheritance tax

Amendments on estates for life or years R.1978 d.118 10 N.J.R. 210(a)Amendments on transfer inheritance tax R.1978 d.286 10 N.J.R. 407(b)Closing agreements and compromises R.1978 d.29 10 N.J.R. 127(d)Federal securities; taxable st'atus; Gross Income Tax Act R.1978 d.284 10 N.J.R. 406(f)Withholding; Gross Income Tax R.1978 d.319 10 N.J.R. 457{a)


18:7-15.1118:9-2.2,2.3,

2.4,3.518:12-6.1 et seq.18:12-8.1 et seq.18:12A-1.618:24-22.2,22.318:24-25.1 at seq.18:24-26.1 et seq.18:26-2.5,6.2,

8.22,9.1318:26-8.2218:26-11.8, 11.2318:33-1.1 et seq.18:35-1.918:35-1.10

OTHER AGENCIES - TITLE 19

10 N.J.R. 307(a)10 N.J.R. 408(b)10 N.J.R. 366(a)10 N.J.R. 408(c)10 N.J.R. 266(a)10 N.J.R. 306(a)10 N.J.R. 306(c)10 N.J.R. 266(b)10 N..T.R. 128(c)10 N.J.R. 306(d)10 N.J.R. 306(b)10 N.J.R. 266(c)

R.1978 d.197R.1978 d.257R.1978 d.215R.1978 d.258R.1978 d.l58R.1978 d.175R.1978 d.177R.1978 d.159R.1978 d.50R.1978 d.178R.1978 d.187R.1978 d.l60

General plan guidelines for MeadowlandsAmendments on loitering on the ParkwayRepeal part of rule on restrictions on Garden State ParkwayAmendments to fees for photogI'laphs of accident sites on TurnpikeDeclaratory rulings on casino applicationsAdopt personal history disclosure form No.4Applications for approval of agreementsCasino hearings rulesBasic operating rules for casino servicesInternal and accounting casino controlsCasino gaming equipmentRegulations for casino slot machines

19:3B-1.1 et seq.19:8-1.1,2.9(b)19:8-1.9(d)19:9-4.2(b)19:41-2.319:41-7.1419:41-11.1 et seq.19:42-1.1 et seq.19:43-1.1 et seq.19:45-1.1et seq.19:46-1.1 to 1.2019:46-1.22

through 1.3119:47-1.1 et seq. Rules of casino games R.1978 d.186 10 N.J.R. 306(e)19:50-1.6(w) Amendments on casino alcoholic beverage control R.1978 d.173 10 N.J.R. 305(e)19:53-1.4,1.5 Amendments on casino equal employment opportunity R.1978 d.172 10 N.J.R. 305(d)19:54-1.1 et seq. Casino gross revenues tax R.1978 d.174 10 N.J.R. 305(f)




(a)


Amendments on Income in Medicaid OnlyProgram for Aged, Blind and Disabled

On August 18, 1978, Ann Klein, Commissioner of Humanservices, pursuant to authority of N.J.S.A. 44:7-87 and inaccordance with applicable provisions of the Administrative Procedure Act, adopted amendments to N.J.A.C.10:94-4.35 and 10:94-5.8 (Medicaid Only Manual, Sections482 and 553), concerning living allowance deductions,substantially as proposed in the Notice published March9, 1978, at 10 N.J.R l06(a), with only inconsequentialstructural or language changes, in the opinion of theDepartment of Human Services.

The balance of the proposed amendments mentioned at10 N.J.R l06(a) are still pending before the Departmentof Human Services and may bead-opted without furthernotice.

An order adopting these amendments was filed and be-came effective on August 23, 1978, as R.1978 d.296.


(b)

HUMAN SERVICESDIVISION OF MEDICAL ASSISTANCEAND HEALTH SERVICES

Amendments on Transportation Services

On August 23, 1978, Ann Klein, Commissioner of Humanservices, pursuant to authority of N.J.S.A. 3O:4D-1 et seq.and in accordance with applicable provisions of the Administrative Procedure Act, adopted amendments to N.J.A.C. 10:50-1.1, 10:50-1.2, 10:50-2.6 and 10:50-2.9, concerningtransportation services, as proposed in the Notice publishedJuly 6, 1978, at 10 N.J.R. 282(a).

An order adopting these amendments was filed and be-came effective August 28,1978, as R.1978 d.297.


(c)

HUMAN SERVICESCOMMISSION FOR THE BLINDANn VISUALLY IMPAIRED

Fiscal Year 1979 State PlanFor Vocational Rehabilitation

On August 30, 1978, Norma F. Krajczar, ExecutiveDirector of the Commission for the Blind and VisuallyImpaired in the Department of Human Services, pursuantto authority of N.J.S.A. 30:&12 and in accordance with

applicable prOVISions of the Administrative ProcedureAct, adopted the Fiscal Year 1979 State Plan for Vocational Rehabilitation, as proposed in the Notice publishedAugust 10, 1978, at 10 N.J.R 343(b).

Take notice that, these rules are considered to be temporary rules and will not be published in Title 10 of theNew Jersey Administrative Code. However, a referenceregarding this adoption will be made in the authority noteof Chapter 98 in Title 10 of the Code.

An order adopting this State Plan was filed August 31,1978, as Rl978, d.300, to become effective October 1, 1978.


(dJ


Amendments on Unmarried Child'sEligibility for Assistance

On August 31, 1978, Ann Klein, Commissioner of Humanservices, pursuant to authority of N.J.S.A. 44:8-111 and inaccordance with applicable provisions of the Administrative Procedure Aot, adopted amendments to N.J.A.C.10:85-3.l(e)1.i., concerning the unmarried child's eligibility for assistance, substantially as proposed in theNotice published November 10, 1977, at 9 N.J.R. 523(b),with only inconsequential structural or language changes,in the opinion of the Department of Human Services.

An order adopting these amendments was filed on september 1, 1978, as R1978 d.303, to become effective October 1, 1978.


(e)


Amendments on Certification and RestorationOf Lost Benefits to Zero Purchase Households

On September 13, 1978, Ann Klein, Commissioner ofHuman Services, pursuant to authority of N.J.S.A. 30:4B-2and in accordance with applicable provisions of the Administrative Procedure Act, adoptee amendments to N.J.A.C. 10:87-6.5, 10:876.42 and 10:87-6.43(a) 3.ii., concerningcertification and restoration of lost benefits to zero purchase households, as proposed in the notice publishedAugust 10, 1978, at 10 N.J.R. 344(b).

An order adopting these amendments was filed on september 14, 1978, as Rl978 d.324 to become effective onNovember 1,1978.


NEW ,fflRSEY REGISTER, THURSDAY, OCTOBER 5. 1978 (CITE 10 N.J.R. (43)


(a)

HUMAN SERVICESDIVISION OF PUBLIC WELFAREEmergency Amendments to Per CapitaTable for Companion Cases

On August 23, 1978, the Division of Public Welfare inthe Department of Human Services, pursuant to authorityof N.J.S.A. 44:7-6, 44:10-3 and in accordance with applicable provisions of the Administrative Procedure Act,adopted amendments to the per capita table for companion cases appearing in N.J.A.C. 10:82-2.13.

Full text of the new table follows:

Per Capita Table

For Companion Cases

TotalEligible Number in -C or -F Segment

Unit 1 2 3 4 5 6 7 8 9

2 1243 109 2174 94 187 2815 85 170 256 3416 80 161 241 321 4027 76 152 228 303 379 4558 73 146 219 292 364 437 5109 70 140 209 279 349 419 488 558

10 67 134 201 268 335 401 468 535 602

TotalEligible Number in -N Segment

Unit 1 2 3 4 5 6 7 8 9

2 833 72 1454 62 125 1875 57 114 170 2276 54 107 161 214 2687 51 101 152 202 253 3038 49 97 146 195 243 292 3409 47 93 140 186 233 279 326 372

10 45 89 134 178 223 268 312 357 401



(bJ


Manual of Standards for Licensed CommunityResidences for Developmentally Disabled

On September 14, 1978, Ann Klein, Commissioner of Human Services, pursuant to authority of Chapter 448, Laws

of 1977, and in accordance with applicable provisions of theAdministrative Procedure Act, adopted new rules, to becited as N.J.A.C. 1O:44A-1.1 et seq., concerning the manualof standards for licensed community residences for developmentally disabled, substantially as proposed in theNotice published July 6, 1978, at 10 N.J.R. 283(a), withonly inconsequential structural or language changes, inthe opinion of the Department of Human Services.

An order adopting these rules was filed and becameeffective on September 18, 1978, as R,1978 d.330.


(c)

HUMAN SERVICESDIVISION OF MENTAL RETARDATIONBUREAU OF GUARDIANSIDP SERVICES

Amendments on Provision ofGuardianship Services

On September 14, 1978, Ann Klein, Commssioner ofHuman Services, pursuant to authority of N.J.S.A. 30:4165.1 et seq. and in accordance with applicable provisionsof the Administrative Procedure Act, adopted amendmentsto N.J.A.C. 10:45-1.1 et seq., concerning the provisions ofguardianship services, substantially as proposed in theNotice published July 6, 1978, at 10 N.J.R, 283(b), withonly inconsequential structural or language changes, inthe opinion of the Department of Human Services.

An order adopting these amendments was filed andbecame effective on September 18, 1978, as R.1978 d.33l.


ld)

HUMAN SERVICESDIVISION OF MENTAL RETARDATIONBUREAU OF GUARDIANSmP SERVICES

Amendments on Determination of MentalDeficiency/Need for Guardianship

On September 14, 1978, Ann Klein, Commissioner ofHuman Services, pursuant to authority of N.J.S.A. 30:4-165.1et seq. and in accordance with applicable provisions of theAdministrative Procedure Act, adopted amendments toN.J.A.C. 10:43-1.1 et seq., concerning the determinationof mental deficiencyIneed for guardianship, substantiallyas proposed in the Notice published July 6, 1978, at 10N.J.R, 284(a), with only inconsequential structural or language changes, in the opinion of the Department of HumanServices.

An order adopting these amendments was filed andbecame effective on September 18, 1978,as R.1978 d.332.




(a)


Rules on Community Residences for MentallyRetarded and Developmentally Disabled

On September 14, 1978, Ann Klein, Commissioner ofHuman Services, pursuant to authority of N.J.S.A. 30:4-24and in accordance with applicable provisions of the Administrative Procedure Act, adopted new rules, to be citedas N.J.A.C. 10:44-13.1 et seq., concerning community residences for the mentally retarded and developmentallydisabled, substantially as proposed in the Notice published Juiy 6, 1978, at 10 N.J.R, 284J(b), but with subsequent,substantive changes not detrimental to the public, in theopinion of the Department of Human Services.

An order adopting these rules was filed and becameeffective on September 15, 1978, as R,1978 d.333.


(b)

LABOR AND INDUSTRYTHE COMMISSIONER

Rule on Contribution Rate of GovernmentalEntities Electing to Pay Contributions for 1979

On September 1, 1978, John J. Horn, Commissioner ofLabor and Industry, pursuant to authority of N.J.S.A.43:21-7.3(e) and in accordance with applicable provisionsof the Administrative Procedure Act, adopted a new ruleconcerning the contribution rate of all governmental entities and instrumentalities electing to pay contributionsin 1979 regarding the unemployment compensation law.


12: 15-1.5 Contribution rate of governmental entities andinstrumentalities

(a) In accordance with the provisions of N.J.S.A. 43:217.3(e), the contribution rate for all governmental entitiesand instrumentalities electing to pay contributions underthe Unemployment Compensation Law is hereby established as being one per cent, for the entire calendar year.

(b) This contribution rate shall be effective on taxablewages paid in the calendar year of 1979.

An order adopting this rule was filed on September 1,1978, as R,1978 d.305 (Exempt, Procedure Rule), to become effective January 1, 1979.


(e)

LAW AND PUBLIC SAfETYATTORNEY GENERAL

Proposed Rule on Confidentiality of RecordsRegarding the Casino Control Act

John J. Degnan, Attorney General of New Jersey, pursuant to authority of N.J.S.A. 52:17B-4 and ExecutiveOrder Number 9 issued September 30, 1963, proposes toadopt a new rule concerning the confidentiality of financial disclosure statements of relatives of members ofthe Casino Control Commission and the Director of theDivision of Gaming Enforcement.


CHAPTER 1C. CASINO CONTROL ACT

SUBCHAPTER 1. FINANCIAL DISCLOSURESTATEMENTS

Foreword

The Casino Control Act, Laws of 1977, Ohapter 110, provides that each member of the Casino Control Commissionand the Director of the Division of Gaming Enforcementshall provide the Attorney General with a financial disclosure statement listing all assets and liabilities, property and business interests, and sources of income of theparents, brothers, sisters and children of said memberor director.

It is hereby found that: 1. The financial affairs of suchpersons are often maintained independently of the financial affairs of such member or director; ,that: 2. The needfor public disclosure of the intimate financial affairs ofrelatives of such members ir director may inhibit theprovision of complete and accurate information in thepublic intere"t; that: 3. The public disclosure of intimatefinancial information of relatives of such members ordirector may tend to deter qualified persons from seekingappointment; that: 4. The essential purpose of the statuteis to aid in the investigation of the background of individual appointees and that purpose may be served withoutpublic disclosure; and that: 5. A financial disclosure statement including information ofa highly personal and intimate nature concerning individuals who are not publicofficials in the Casino Control Commission or the Divisionof Gaming Enforcement poses a substantial danger ofinvasion of personal privacy.

13: lC-I.1 Confidentiality of recordsA ,financial disclosure statement listing the assets and

liabilities, property and business interests, and sourcesof income of the parents, brothers, sisters and childrenof a member of the Casino Control Commission or of theDirector of the Division of Gaming Enforcement shall bekept ,confidential and shall not be deemed a public recordsubject to inspection and examination and available forcopying under Laws of 1963, c. 73, as ,amended.


John J. DegnanAttorney General of New JerseyState House AnnexTrenton, N.J. 08625



The Attorney General, upon his own motion, may thereafter adopt the above rule, with the approval of the Governor, substantially as proposed without further notice.

John J. DegnanAttorney General of New JerseyDepartment of Law and Public Safety

(a)

LAW AND PUBLIC SAFETYDIVISION OF CONSUMER AFFAmS

BOARD OF MEDICAL EXAMINERS

Proposed Rule on Prescribing, AdministeringOr Dispensing Amphetamines andSympathomimetic Amines

Edwin H. Albano, President of the Board of MedicalExaminers in the Division of Consumer AfI·airs in theDepartment of Law and Public Safety, pursuant to authority of N.J.S.A. 45:9-1 et seq., proposes to adopt a new ruleconcerning the prescribing, administering or dispensingof amphetamines and sympathomimetic amines.


13:35-6.16 Uses of amphetamines and sympathomimeticamine drugs

(a) No physician shall prescribe, order, dispense, administer, sell or transfer any amphetamine or sympathomimetic amine drug or compound designated as aSchedule II Controlled Dangerous Substance pursuant tothe laws of New Jersey, to or for any person except:

1. For the treatment of:i. Narcolepsy;ii. Hyperkinesis;iii. Drug induced brain dysfunction;iv. Epilepsy;Y. Depression shown to ,be refractory to other thera

peutic modalities; or2. For the differential diagnostic psychiatric evaluation

of depression; or3. For the clinical investigation of the effects of such

drugs or compounds in which case, in addition to othercequirements of applicable laws, prior application therefor shall have been made to the Board of Medical Examiners and approval granted before any such investigationis begun.

(b) In addition ,to the prohibitions set forth in subsection ,(a) of this section, no physician shall prescribe,order, dispense, administer, sell or transfer any amphetamine or sympathomimetic amine drug or compound designated as a Schedule II Controlled Dangerous Substancepursuant to the laws of New Jersey, for use in weightmanagement, dieting or any other anorectic purpose, orfor the treatment of fatigue.

(c) Violation of any of the foregoing may be deemedto constitute one or more of the following:

1. Distribution or dispensing of a controlled dangeroussubstance in an indiscriminate manner, not in good faith,or without good cause, pursuant to N.J.S.A. 45:1-13; or

2. Gross malpractice, gross neglect, or gross incompetence in the practice of medicine, pursuant to N.J.S.A.45:1-2L(d); or

3. Professional misconduct in the practice of medicine,pursuant to N.J.S.A. 45:1-21(e).

(d) The following list, although not exhaustive or exclusive, does include many of the generic and brand-nameSchedule II drugs available as of September 1, 1978, whichfall within the above regulation: amphetamine, Benzedrine, Biphetamine, Desoxyn, Dexamyl, Dexedrine, dextroamphetamine, Eskatrol, Fetamin, methamphetamine,methylphenidate, Obetrol, Obotan, phenmetrazine, Preludin and Ritalin.


Edwin H. Albano, M.D., PresidentBoard of Medical Examiners28 West State StreetTrenton, N.J. 08608Telephone: {G09) 292-4843

The Board of Medical Examiners, upon its own motionor at the request of ,any interested party, may thereafteradopt the above rules substantially as proposed withoutfurther notice.

Edwin H. Albano, PresidentBoard of Medical ExaminersDepartment of Law and Public Safety

(b)

LAW AND PUBLIC SAFETYDIVISION OF CONSUMER AFFAIRS

BOARD OF MEDICAL EXAMINERS

Proposed Rule on Standards forTesting and Diagnostic ICenters

Edwin H. Albano, President of the Board of Medical Examiners in the Division of Consumer Affairs of the Department of Law and Public Safety, pursuant to authority ofN.J.S.A. 45:9-1, et seq., proposes to adopt the followingnew regulation concerning Health Testing Centers andDiagnostic Centers or Clinics.

The performance of physical examinations accompanyingdiagnostic testing procedures on hum,an beings are included within the practice of medicine. Such services arepresently being offered to the public in both stationaryand mobile facilities which are not in all circumstancesregulated by the Department of Health. It is essential fora meaningful interpretation of test data that the underlying tests be administered competently and appropriatelyas determined and supervised by a licensed physician.

The purpose of this regulation is to define and establishminimum medical standards of operation for those centers, clinics or facilities which provide or purport to provide activities such as physical examinations and/orlaboratory testing procedures, which are presently regulated by N.J.S.A. 45:9-1 et seq. and 45:9-42.1 et seq.


13:35-6.14 Standards ,concerning testing and diagnosticcenters

(a) The provisions of this regulation shall be applicableto centers, clinics or facilities which provide or offer toprovide physical examinations and/or testing procedures.

(b) Definitions include the following:1. "Automated Health Testing Center" (AHTC) means a

facility under the control, supervision, direction and phys-

(CITE 10 N.J.R. (46) NEW JERSEY REGISTER, THURSDAY, OCTOBER 5, 1978


leal presence of a licensed physician or a group of licensedphysicians offering services to the medical professionor to the public, which screens patients by multiphasicmethods, such screening resulting in a determinationless complete than a physical examination performed bya licensed physioian; and which does not purport tosubstitute for such complete physical examination. Thisdefinition is not intended to include a one-modality service,such as community chest X-ray examination, and community blood pressure examination.

2. "Diagnostic center" or "Diagnostic Clinic" (hereafter "center") means a facility under the control, supervision, direction and physical presence of a licensed physician, which is staffed by one or more licensed physiciansand which contains the facilities necessary to render amedical service by establishing a diagnosis and whichmay recommend a course of treatment for the patient.

3. "Licensed physician" means a duly licensed physicianof the State of New Jersey who possesses a current unrestricted license to practice medicine and surgery.

(c) The licensed physician in char,ge of and responsiblefor the supervision and direction of the AHTC or thecenter shall, prior to operation of the facility, submit forapproval of the Board of Medical Examiners a copy ofthe licensing application previously approved by the Department of Health, proof of current licensure of physicianin charge, and, if applicable, facility license pursuantto N.J.S.A. 45:9-42.26.

(d) The licensed physician in charge and the AHTCor center shall have the following responsibilities:

1. Procure from the patient a designated physician or, inthe absence of a designated physician the addressee towhom all reports shall be directed.

2. Submit the full test report to the referring or designated physician and to the patient or designated addresseeas instructed by the patient, not later than three Ibusinessdays from the date of receipt of such test report by theAHTC or Center.

3. Clearly identify all abnormalities for the attention ofthe physician.

4. Where abnormality is apparent, the notification to thepatient shall be accompanied by an express recommendation that the patient contact the appropriate physician forclarification.

(e) Noncompliance with the above regulations may beconsidered ,gross malpractice or gross neglect by the licensee and may result in the institution of suspension orrevocation proceedings.

Interested persons may present statements or argumentsin writing, orally in person or by telephone relevant tothe proposed action on or before October 25,1978, to:

Edwin H. Albano, M.D., President,Board of Medical Examiners28 West State StreetTrenton, N.J. 08608Telephone: (609) 292-4843

The Board of Medical Examiners upon its own motionor at the instance of any interested party, may thereafteradopt the above rules substantially as proposed withoutfurther notice.

Edwin H. Albano, PresidentBoard of Medical ExaminersDepartment of Law and Public Safety

Ca)

LAW AND PUBLIC SAFETYDIVISION OF CONSUMER AFFAIRS

BOARD OF VETERINARYMEDICAL EXAMINERS

Rule on Temporary Permit Fee

On August 18, 1978, Silvio Fittipaldi, President of theBoard of Veterinary Medical Examiners in the Divisionof Consumer Affairs in the Department of Law and PublicSafety, pursuant to authority of N.J.S.A. 45:16-1 et seq.,and in accordance with applicable provisions of the Administrative Procedure Act, adopted a new rule concerning temporary permit fees, as proposed in the Noticepublished June 8,1978, at 10 N.J.R. 258(b).

Take notice that, the citation for this rule will be N.J.A.C. 13:44-2.13 rather than N.J.A.C. 13:44-2.11 as wasindicated in the Notice of Proposal.

An order adopting this rule was filed and became effec-tive on September 14,1978, as R.1978 d.323.


CbJ

ENERGYTHE COMMISSIONER

Amendments to Rules on Energy Conservation

On September 8, 1978, the Department of Energy, pursuant to authority of N.J.S.A. 52:27F-1 et seq. and in accordance with applicable provisions of the AdministrativeProcedure Act, adopted emergency amendments to therules concerning energy conservation.

The energy conservation rules adopted on August 3, 1978(See R.1978 d.273 at 10 N.J.R. 204(c) and 10 N.J.R. 405(c»,contained typographical errors and inadvertently omittedsome items. These amendments are adopted to clarifythose items and in no way do they alter the substanceof the previously adopted rules.


14A:3-1.2(b) These rules may 'be amended by the Commissioner in accordance with the provisions of N.J.S.A.[52: 15B-1 et seq.] 52:14B-1 et seq.

14A:3-2.2 Definitions

"B'l1U" or "British Thermal Unit" means the amount ofheat required to raise the temperature of one poU!lld ofwater one degree Fahrenheit from the temperature 60 degrees Fahrenheit at standard pressure (14.7 psia) conditions.

"Optimum perceilit oxygen" me1rs the lowest percentoxygen content in the flue gas which can be achievedwithout:

1. Exceeding 220 ppm carbon monoxide for gas firedboilers or the air pollution levels specified by N.J.A.C.7:27-3.1 et seq. for coal and oil fired boilers; or



2. Causing delayed ignition, visible flame instability,flame carryover, flame impingement, pulsation noise [;and,].

[3. Jeopardizing the safety of the boiler.]

"Percent oxygen" means the ratio of the volume ofoxygen contained in the sample of flue gas to the totalvolume of the sample. Percent oxygen may be determineddirectly from a device which measures 02 content orequivalent percent 02 content may be determined indirectly by conversion from devices which measure C02.

14A:3-3.1 ScopeThe provisions of this subchapter shall apply to all

oil-fired units on which maintenance is performed annuallyin residential premises, commercial premises and schools.Oil-fired units involving large boilers defined in andcovered by N.J.A.C. 14A:3-2.1 et seq. shall not be coveredby this subchapter.


"Flue gas analyzer" means a device used to extract asample of flue gas and measure the percentage of carbondioxide (C02) in the sampleL] or the percentage ofoxygen (02) in the sample if measuring device is sodesigned.

"Maintenance" means any [supplier - or heating contractor-provided] inspection, cleaning, lubrication, adjustment, testing or replacement of parts ofa unit or itscontrols. Maintenance shall not include emergency services.

"Smoke scale" means a [device used to extract asample of flue gas which passes through filter paper toproduce a stain.] photometric scale to which the filterpaper stained by the flue gas sample extracted by thesmoke tester is compared to determine the smoke condition of the unit. A smoke scale shall be consideredapproved if it is constructed and operated in accordancewith ANSI Z 11.182 or ASTM D 2156-65.

"Smoke tester" means a device used to extract a sampleof flue gas. A smoke tester shall be considered approvedif it is constructed and operated in accordance withANSI Z 11.182 or ASTM D 2156-65.

14A:3-3.5(b)3. Percentage of carbon dioxide (%C02) orpercentage of oxygen (%02) using a flue gas analyzer;

14A:3-3.5(bH. Smoke number of the flue gas using [a] anapproved smoke tester and an approved smoke scale; and,

14A:3-3.5(d)2. Using a stack loss chart and the valuesobtained in (b)3.and [(c)1.] (d)l., compute the stack losspercentage [% SL); and,

14A:3-3.6(a) All oil-fired units subject to the provisions ofthis subchapter shall be maintained annually to meet therequirement specified in N.J.A.C. 14A:3~3.4.

14A:3-3.6(a)2. Where the oil-fired unit cannot be maintained to meet the minimum efficiency rating as setforth in N.J.A.C. 14A:3-3.4, the fuel supplier, heating contractor or person who is providing the maintenance service shall notify the owner of the premises that the unitcannot meet the efficiency rating recommended by theDepartment. A copy of the notice stating the efficiencyrating achieved shall be filed with the Department onforms prescribed by the Department; and,

14A:3-4.1 ScopeEffective one year after adoption of these ,regulations,

all new and renovated buildings shall comply with the[performance] thermal efficiency standards as requiredby N.J.A.C. 14A:3-4.4.

14A:3-4.2(a) The requirements of this [subsection] subchapter shall apply to all newly constructed and ,renovated buildings [as such as defined in subchapter 7 of thischapter].

14A:3-4.3 Definitions[All terms not previously defined shall be as contained

in the Energy Subcode of the Uniform Construction COdeas defined by N.J.A.C. 5:23-3.3.] The following words andterms, when used in this subchapter, shall have thefollowing meanings unless the context clearly indicatesotherwise.

"Newly constructed" means those buildings which receive a construction permit as required by the UniformConstruction Code Act after the effective date of thissubchapter.

"Renovated" means those buildings which receive aconstruction permit pursuant to the Uniform ConstructionCode Act for changes made to their structure after theeffective date of this subchapter.

14A:3-4.4(a) All [covered] buildings subject to the provisions of this subchapter [as defined by N.J.A.C. 14A:34.2] shall comply with the standards of the Energy Subcode of the Uniform Construction Code [Act] as such isadopted by the New Jersey Department of CommunityAffairs except where the energy efficiency standard forany particular appliance is established by the Departmentof Energy; and,14A:3-5.1 Scope

The standards set forth in this subchapter shall applyto all buildings in the following Use Groups as defined bythe Building Subcode of the Uniform Construction Code[Act]: Use Groups A, B, F, M, R, Sand T. Use GroupsI, R-3 and R-4 and residential portions of R-1 and R-2are specifically exempted from the standards providedfor in this SUbchapter.

14A:3-5.2 ApplicabilityThe requirements of this subchapter shall become

effective for all [covered] buildings subject to the provisions of this subchapter of more than 4,000 square feetone year after adoption.

14A:3-5.3 RequirementsEach building subject to the requirements of this sub

chapter shall have installed a seven-day, day-night thermostat(s) or other similar type control €quipment whichpermits the [operation thereof to set the] thermostaticsetting to be set consistent with the standards of N.J.A.C.14A:3-5.4. Said thermostat shall be equipped with an interlock device which prohibits the simultaneous operationof both the heating ,and cooling systems.

14A:3-5.4 Standards(a) Each building subject to the requirements of this

subchapter shall [set] have its thermostat set accordingto the following standards:

1. During periods when the building is either occupiedor otherwise open for public use; and

1. When heating equipment is in use, the maximumthermostatic setting [for commercial retail space shallbe 65 degrees F, and for all other spaces 68 degrees F]shall be 68 degrees F, except for buildings in Use GroupS and storage spaces in buildings in Use Groups A, B, F,



M, Rand T where the maximum thermostatic settingshall be 65 degrees F; or

14A:3-5.6 EnforcementThe standards set forth in N.J.A.C. 14A:3-5.4 shall be

the standards employed by the New Jersey Department ofCommunity Affairs pursuant to its authority under theUniform Construction Code [Ad], N.J.A.C. [5:23 et seq.]5:23-1.1 et seq. Said Department shall have primary authority to enforce said standards.

14A:3-6.2 RequirementsEach public utility which distributes natural gas [as

described in N.J.A.C. 14A:3-9.I] shall develop a conservation program designed to replace continuously burningpilot lights with automatic electric ignition systems or anacceptable alternative tor residential home heating systems as well as other appliances according to energyefficiency, conservation, engineering and economic benefits.


"Newly constructed" means those residences whickreceive a construction ~rmit as required by the UniformConstruction Code Act after [July 1, 1978] the effectivedate of this subchapter.

"Renovated" means those residences which receive aconstruction permit pursuant to the Uniform ConstructionCode Act for changes made to their structure after [July1, 1978] the effective date of this subchapter.

"Unit" means any residential space designed ,and constructed for occupancy by one family, business or corporate entity. Hotels, motels and [dormatories] dormitories, as such are defined by the Building Subcode ofthe Uniform Construction Cod,e, [N.J.A.C. 5:23 et seq.]N.J.A.C. 5:23-1.1 et seq., are excluded from this definition.

14A:3-7.3{a) All newly constructed residential units shallhave installed and [operated] operative an individual electric meter for each unit so constructed;

14A:3-7.4 Checkmetering[(a)] Nothing provided for herein shall prohibit the

rendering of electric service via the methodology referred to as "checkmetering"as such is defined by andprovided for in the utility tariffs on file with the Board ofPublic Utilities.


enforced by the New Jersey Department of CommunityAffairs pursuant to its authorities under the Uniform Construction Code [Act], N.J.A.C. [5:23 et seq.] 5:23-1.1 etseq. and said Department shall have primary authorityto enforce said standards.

14A:3-8.3 EnforcementThe standards set forth in N.J.A.C. 14A:3-8.2 shall be en

forced by the New Jersey Department of CommunityAffairs pursuant to its ,authorities under the "UniformConstruction [Construction] Code [ActJ", [(N.J.A.C. 5:23et seq.)] N.J.A.C. 5:23-1.1 et seq., and said Departmentshall have primary authority to enforce said standards.

14A:3-9.1 Sco~

(a) The standards set forth in N.J.A.C. 14A:3-9.2 shallapply to all existing buildings in the following Use Groupsas defined by the Building Subcode of the Uniform Construction Code [Act]: Use Groups A, B, F, H, I, M, P,

Sand T. Use Groups R-3, [and] R-4 [,] and residentialportions of R-I and R-2are specifically exempted fromthe standards provided for in this subchapter.

(b) In addition to the groups of buildings specificallyexempted from N.J.A.C. 14A:3-9.2 in the above paragraph,N.J.A.C. 14A:3-9.l<a), all exceptions to criteria adoptedby the muminating Engineering Society (I.E.S.) Recommended Procedure for Lighting Energy Management ofExisting Buildings EMS-4 are exempted from the standards provided for in this subchapter.


enforced by the New Jersey Department of CommunltyAffairs pursuant to its authorities under the "UniformConstruction Code [Act]", [(N.J.A.C. 5:23 et seq.)] N.J.A.C. 5:23-1.1 et seq., and said Department shall haveprimary authority to enforce said standards.

SUBCHAPTER 10. AIR [CONDITIONING]CONDITIONER AND HEAT PUMPENERGY EFFICIENCY RATIOS

14A:3-IO.l<a) The standards set forth in this [subsection]subchapter shall apply to all air conditioners or heatpumps either directly or indirectly offered for sale, rentor distribution in this State. Any air conditioner or heatpump manufactured ·before the applicable effective datesspecified in N.J.A.C. 14A:3-IO.6 or any rebuilt, used orreconditioned air conditioner or heat pump originallymanufactured before the applicahle effective dates specified in N.J.A.C. 14A:3-10.1.6] 14A:3-10.6 shall be exemptfrom the standards set forth herein.

14A:3-IO.3 Definitions

"Air conditioner" means and includes any electricalappliance which has a compressor, a condenser, an evaporator, and a fan to cool and dehumidify the surroundingair, and which has a cooling capacity rating up to 65,000BTU/hr., including room air [confitioners] conditioners,unitary central air conditioners and packaged [thermal]terminal air conditioners.

"Heat pump" means a mechanical apparatus for heating or cooling a building or room therein by transferringheat between an external reservoir such [an] as air, water,or ground and the internal environment.

14A:3-IO.7(a) Any person selling, offering for sale or displaying for sale in this State any air conditioner or heatpump, other than unitary central air conditioners manufactured after the effective date of this regulation, shallset forth by a conspicuous stamp, tab, label, or signattached to the ,air conditioner or heat pump, the modelnumber cooling capacity rating, wattage rating,and theenergy efficiency ratio for such air conditioner or heatpump with an explanation as follows:

Model Number . . , , , .Cooling Capacity Rating. . BTU'slhr.Wattage Rating: Cooling ,., .... , ..... ,.,., .. , ... wattsEnergy Efficiency Ratio .... [BTU's/hr. watts] BTU's/

watt-hour

14A:3-IO.7{c) [The labelling requirement shall be effective on January 1, 1979 for all heat pumps and air conditioners and packaged terminal air conditioners flushmounted with an outside wall.] The labelling requirementtor packaged terminal air conditioners flush mounted withan outside wall and thru-the-wall air conditioners designedfor flush mounting within a steel wall sleeve shall be effective January 1, 1980. The labelling requirement for all



other air conditioners and all heat pumps shall be eireetive January 1, 1979. The requirement shall remain ineffect until such time as federal requirements on labellingbecome effective.

An order adopting these amendments was filed andbecame effective on September 8, 1978, as R.1978 d.315(Exempt, Emer,gency Rule).


(a)

TRANSPORTAliONTHE COMMISSIONER

Proposed Rule on Speed Limits On Route U.S. 46

Louis J. Giamhaccini, Commissioner of Transportation,pursuant to authority of N.J.S.A. 39:4-98, proposes to adopta new rule concerning speed limits on parts of RouteU.S. 46.


16:28-1.179 Route U.S. 46In accordance with the provisions of N.J.S.A. 39:4-98,

the speed limits established by Regulation LS-76-7, Zone24, providing for a 50 m.p.h. limit is hereby revised 1\:0effect 40 m.p.h. within the corporate limits of RockawayBorough and that part of Denville Township betweenRockaway Township line (milepost 42.0) and Broad Street(milepost 42.12).


Michael MillerAdministrative Practice OfficerDepartment of Transportation1035 Parkway AvenueTrenton, N.J. 08625

The Department of Transportation may thereafter adoptrules concerning this subject without further notice.

Louis J. GambacciniCommissionerDepartment of Transportation

(b)

TRANSPORTATIONTHE COMMISSIONER

Proposed Rule on No Right TurnsOn Red Signals on Route 57

Louis J. Giambaccini, Commissioner of Transportation,pursuant to authority of N.J.S.A. 39:4-183.27, proposes toadopt a new rule concerning no right turns on red signalson parts of Route 57.


16:28-12.77 Route 57 in Mansfield Township, WarrenCounty

(a) In accordance with the provisions of Title 39:4-183.6of the Revised Statutes, turning movements of traffic on

the certain parts of Sta,te ffighway Route 57 describedbelow are regulated as follows:

1. No right turns east on Route 57 to south onto PenwellRoad (easterly intersection).

---Interested persons may present statements or arguments

in writing relevant to the proposed action on or beforeOctober 25, 1978, to:


The Department of Transportation may thereafter adoptrules concerning this iSubject without further notice.



Proposed Rule on Restricted Parking on Route 94

Louis J. Gambaccini, Commissioner of Transportation,pursuant to authority of N.J.S.A. 39:4-138.1, proposes toadopt a new rule concerning restricted parking on partsof Route 94.

Full text of the proposal follows :

16:28-3.182 Route 94 in Vernon Township, Sussex County(a) In accordance with the provisions of N.J.S.A. 39:4

138.1, the certain parts of State Highway Route 94 described herein below shall be, and hereby are, designatedand established as "no parking" zones where stoppingor standing is prohibited at all times except as providedin N.J.S.A. 39:4-139.

1. No stopping or standing:i. Along both sides of Route 94:(1) From the Hardyston Township-Vernon Township

corporate line to the Lehigh and Hudson River Railroad(McAfee Railroad tracks);

(2) From the intersection of County Road 517 (Rudetown Road) to the intersection of Molt Drive;

(3) From the westerly curb line of Route 94-CountyRoad 515 (South intersection) to a point 130 feet westerlytherefrom.

ii. Along the nQrthbound side of Route 94 from CountyRoad 515 (Stockholm Road) (South intersection) to a point800 feet northerly therefrom.


Michael MillerAdministrative Practice OfficerDepartment of Transportation1035 Parkway Ave.Trenton, N.J. 08625





(a)


Proposed Amendments on No.Passing ZonesOn Routes U.S. 206, N.J. 94, 23 and 31

Louis J. Gambaccini, Commissioner of Transportation,pursuant to ~lUthority of N.J.S.A. 39:4-201.1, proposes toamend N.J.A.C. 16:28-15.9 and adopt new rules, to becited as N.J.A.C. 16:28-15.11 through 16:28-15.13, concerning no-passing zones on parts of Routes U.S. 206, N.J. 94,23 and 31.

Full text of the proposal follows :

16:28-15.9 Along Route U.S. 206 from I-lJO--.N.J. 183U.S. 206 N.B. interchange to Delaware Road-MontagueRiver Road-Qld Mine Road, in Byram Township, AndoverBorough, Andover Township, Newton, Town of, HamptonTownship, Frankford Township, Branchville Borough,Sandyston Township, Montague Township, in SussexCounty.

(a) In accordance with the provisions of N.J.S.A. 39:4201.1, the certain parts of State Highway Route U.S. 206described in drawing No. HNPz-oOG dated January 7,1977,shall be and hereby are designated and established as"No Passing" zones.

(b) Any regulation or part of regulation inconsistentwith this regulation is hereby repealed.

16:28-15.11 Route 94 from U.S. 46 - I-SO interchange toWarren County-Sussex County lines, in Knowlton Township, Blairstown Township, Frelinghuysen Township inWarren County.

(a) In accordance with the provisions of N.J.S.A. 39:4201.1, the certain parts of State Highway Route 94 described in drawing No. HNPZ-OOS dated February 1, 1977,shall be and hereby ,are designa1;ed and established as"No Passing" zones.


16:28-15.12 Route 23 in Hardyston Township, FranklinBorough, Hamburg Borough, Wantage Township, SussexBorough and Montague Township in Sussex County

(a) In accordance with the provisions of N.J.S.A. 39:4201.1, the certain par,ts of State Highway Route 23 described in drawing No. HNPz-03S dated July 6, 1975, shallbe and hereby are designated and established as "NoPassing" zones.


16:28-15.13 Route 31 in Washington Township, Washington Borough, Mansfield Township, Oxford Township, WhiteTownship in Warren County

(a) In accordance with the provisions of N.J.S.A. 39:4201.1, the certain parts of State Highway Route 31 described in drawing No. HNPZ-016 dated August 15, 1977,shall be and hereby are designated and established as"No Passing" zones.






(b)


Proposed Amendments on Restricted ParkingOn Parts of Routes 49, 72 and 28

Louis J. Gambaccini, Commissioner of Transportation,pursuant to authority of N.J.S.A. 39:4-138.1, proposes todelete the text of N.J.A.C. 16:28-3.103 and adopt new texttherein as well as new rules, to be cited as N.J.A.C.16:28-3.180 and 16:28-3.1S1, concerning restricted parkingon parts of Routes 49, 72 and 28.


16:28-3.103 Route 49 in the Township of Pennsville, SalemCounty

(a) In accordance with the provisions of N.J.S.A. 39:413S.1, the certain parts of State Highway Route 49 described herein below shall be, and hereby are, designatedand established as "no parking" and "no stopping orstanding" zones except as provided in N.J.S.A. 39:4-139.

1. Along the easterly (northbound) side of Route 49:i. No stopping or standing:(2) Between the intersections of Lakeview Avenue and

Pittsfield Street.(2) Between the intersections of William Penn Avenue

and School Lane.ii. No parking between the driveways of the post office

in Pennsville (opposite Riverview Park entrance).2. Along the westerly (southbound) side of Route 49:i. No stopping or standing:(1) Between the intersections of Fairview Street and

Maple Avenue.(2) Between the intersections of Laweview Avenue and

West Pittsfield Street.(3) Between the intersections of Ferry Avenue and Chest-

nut Street.3. Along both sides of Route 49:i. No stopping or standing:.(1) From Benson Avenue to a point 350 feet northerly

therefrom.(2) From Church Street to a point 350 feet southerly

therefrom.ii. No parking between the driveways of the Trinity

Methodist Church.(3) From a point 300 feet north of Lenape Drive and

extending therefrom southerly for a distance of 1,000 feet.

16:28-3.1S0 Route 72 in Stafford Township, Ocean County(a) In accordance with the provisions of N.J.S.A. 39:4

13S.1, the certain parts of State Highway Route 72 described herein below shall be, and 'hereby are, designatedand ,established as "no parking" zones where stopping orstanding is prohibited at all times except as providedin N.J.S.A. 39:4-139.

NEW JERSEY REGISTER, THURSDAY, OCTOBER 5, 19'18 (CITE 10 N.J.R. 451)


1. No stopping or standing along both sides of Route.72from the easterly curhline of Jennings Road to ,a pomt2,000 feet east of the easterlycuI1bline of Jennings Road.

16:28-3.181 Route 28 in Elizabeth, Union County(a) In accoroance with the provisions of N.J.S.A. 39:4

138.1, the certain parts of State Highway Route. 28 described herein below shall be, and hereby are, desIgnatedand established as "no parking" zones where stopping orstanding is prohibited at all times except as providedin N.J.S.A. 39:4-139.

1. No stopping or standing along the northerly side ofRoute 28 beginning ata point 475 feet west of the westerlycurh line of Cherry Street to a point 95 feet westerlytherefrom.




Louis J. GambacciniCommissioner'Department of Transportation

(a)


Proposed Rules on Traffic ControlAnd Parking on D.O.T. Property

Louis J. Gambaccini, Commissioner of Transportation,pursuant to authority of N.J.8.A. 39:4-208, proposes toadopt new rules concerning traffic control and parkingon D.O.T. property at main headquarters and at theMetro Park Train Station parking areas.


16:28-16.2 N.J. D.O.T. property; headquarters(a) The following rules and regulations are adopted

pursuant to Title 39-4 208 of the Revised Statutes.1. Except as hereinafter provided, the operator of ,a

vehicle shall not park the vehicle in any parking areaconstructed, owned and maintained at the headquartersof the D.O.T. unless such vehicle is registered with aparking permit issued by the Bureau of Security.

2. Applications for registration and parking permitsshall be denied unless the names of Ithose submitted areD.O.T. employees or are connected with the D.O.T. insome capacity at the main headquarters.

3. Parking permits shall lbe serially numbered andshall indicate general parking. The permit will be designed for pasting and shall be pasted upon the inside ofthe rear window.

4. No person shall counterfeit a parking permit ormake a substitute or temporary permit, or use such apermit with intent to evade or violate the requirementsof these regulations.

5. To be valid, the parking permit must be on the car

at all times while parked in designated D.O.T. parkingareas.

6. Recoros of all permits issued will be kept on file atthe issuing agent's office.

7. Temporary parking permits may be issued by theissuing agent for emergency purposes or for any otherpurpose that may ,be necessary for official State husi.ness.These permits will be void e~cept for the date mentionedthereon.

8. Reserved parking spaces may be established withinthe various parking areas, including areas for visitorparking and will be properly marked by signs or markings an'd the operator of any vehicle using such areaswill obey all ,reserved signs or markings.

9. On special or emergency occasions any D.O.T. par~

ing area may be designated as a closed area to permItholders. On such occasions proper notice will be givento permit holders as soon as possible and such noticewill designate, providing there is space, another areaavailable to them during such time.

10. The operator of a vehicle shall not stop or sta!1dthe vehicle in the driveways or roadways marked Withsigns of any of the parking areas so as to interfere withthe free and orderly movement of vehicles entering orleaving the areas. '

11. The operator of a vehicle will park said vehicle in aproper manner in the spaces marked by white lines andthey shall not park the vehicle in any other space notso marked.

12. The operator of a vehicle upon entering, remainingin or leaving the various parking areas will obey alltraffic lights, signs and all Department-<lesignated officersthat may be on duty at the time.

13. The Department-<lesignated officer on duty in any ofthe D.O.T. parking areas may regulate and control thetraffic and parking and all drivers of vehicles shall obeyhis oroersand directions, notwithstanding anything contained in these rules and regulations.

14. Parking permits may be revoked by the issuing agentat any time the holder of such permit is found to be violating any of the rules and regulations.

PENALTY: As prescribed by Title 39:4-209 of the Revised Statutes, "Any person who shall violate any of thesaid regulations shall be subject to a fine of not less thanone dollar ($1.00) nor more than ten dollars ($10.00)".

16:28-16.3 Metro Park Station: Woodbridge Township;parking areas

(a) The following rules and regulations are adoptedpursuant to N.J.S.A. 39:4-208 of the Revised Statutes forthe control of traffic and parking on Department of Transportation Property (Metro Park Train Station) in theTownship of Woodbridge, Middlesex County.

1. The operator of a vehicle shall not stop or stand thevehicle in the driveways or roadways marked with signsor any of the parking areas so as to interfere with thefree and orderly movement of vehicles entering or leavingthe areas.

2. The operator of a vehicle will not park any timealong the curbing fronting the Railroad Station andexiting platform.

3. The operator of a vehicle will park said vehicle in aproper manner in the spaces marked by white lines andthey shall not park the vehicle in any other space notso marked.

4. The two driveways in the Metro Park Train Stationbeginning at the Middlesex-Essex Turnpike are herebydesignated as Through Streets and the existing stop signsshall remain as installed.

(CITE 10 N.J.R. 4522 NEW JERSEY REGISTER, THURSDAY, OCTOBER 5, 1978


Interested persons may present statements orargumel1ltsin writing relevant to the proposed action on or beforeOctober 25, 1978, to:

Michael MillerAdministrative Practice OfficerDepartmtnt of Transpolltation1035 Parkway AvenueTrenton, N.J. 08625



Cal


Proposed Amendments on IssuanceAnd Sale of DOT Public Records

Louis J. Gambaccini, Commissioner of Transportation,pursuant to authority of N.J.S.A. 27:1A-6, proposes toadopt amendments concerning the issuance and sale ofDOT public records.


SUBCHAPTER 2. ISSUANCE AND SALE OF NJDOTPUBLIC RECORDS

16:1-2.1 Definitions"NJDOT Public Record" means that as defined in N.J.

S.A. 47:1A-2 [any record which is required by law to bemade, maintained or kept on file by the NJDOT] ,exceptas excluded in N.J.A.C. 16:1-2.2(c).

16:1-2.2 Requirements(a) All NJDOT Public Records shall be readily accessible

for examination by the citizens of New Jersey during theregular business hours of the Bureau Chief, Regional Engineer or higher level having custody of the NJDOT Public Record. Every citizen of the state shall also have theright to copy such records by hand or to purchase copiesthereof.

(b) All other records of the NJDOT and the Commissioner of Transportation shall be available for inspectionand examination only to the eJct:ent and for such purposesas may be expressly authorized by the Commissionerof Transportation.

(c) The records listed below shall not be deemed NJDOTPublic Records, but [and] may be made available for inspection, examination, and copying only by an individualwho demonstrates to the satisfaction of the CustodianOf Records, Director, Division of Central Services, in con

.junction with the Bureau Chief, Regional Engineer orhigher level having custody of such records, that thecitizen has' a legitimate beneficial interest in such recordor the protection of his property rights or the protectionof any interest the citizen may have in any matter affecting the citizen to which the said record is relevant. Availability may be limited to that part of the record which isparticularly relevant to the citizen. Such records includeall those which are made, maintained or kept on file bythe NJDOT relating to:

1. FUitureconstruction projects in terms of specificamounts or locations.

2. [Estimates, appraisals, and costs of acquiring rightof-way prior to the completion of a project.] [See item (j)](Reserved)

3. Qualifications and .classifications of contractors, consultants, and appraisers.

4. Research andteslts required in the development ofhighway materials, design and construction.

5. Consultants' draft and final reports, NJDOT draftand final preliminary planning and engineering studies,and assessment prior to disclosure at public hearings.

6. [All records which are part of any case file maintainedby a Deputy Attorney General acting for the NJDOT.J[See item (j)] (Reserved)

7. Preliminary aircraft accident investigative reports.8. Reports of aeronautical surveillance or investigation.9. Personnel and pension records except that the follow

ing shall be public:i. An individual's name, title, position, salary, payroll

record, length of service in the instrumentality of government and in the government, date of separation fromgovernment service and the reason therefor; and theamount and type of pension he is receiving;

ii. Data contained in information which disclose conformity with specific experimental. educational or medical qualifications required for government employmentor for receipt of a public pension, but in no event shalldetailed medical or psychological information be released.

10. Police and driver reports of accidents on file withthe Bureau of Accident Recoms.

11. All records which are part of any workpapers, memoranda, or reports which are made, maintained, or keptby the Office of Internal Auditing in the Department ofTransportation.

12. Bridge survey reports.13. Research documents pertaining to ongoing studies

for the operational areas of the NJDOT prior to disclosureto the public.

14. Audit reports performed by NJDOT personnel or outside agency personnel for the NJDOT.

15. Inspection records of signalized equipment.16. New Jersey highway defense requirements bridge

records.(d) The right of examination herein provided for may

be denied where the records which are sought to beexamined pertain to an investigation in progress by anybody, agencY,commission, board, authority or official, ifthe inspection,copying or publication of such records shallnot be in the best interest of the public.

(e) To safeguam the interest of the NJDOT as well asthe general public in the r,elease of records, the BureauChief, Regional Engineer, or higher level having custodyof the records shall, where uncertainty ,exists, contactthe authorized person from the appropriate bureau forapproval prior to releasing the requested information.

(f) If a citizen of this state wishes to copy more than100 pages of NJDOT public records, the Bureau Chief,Regional Engineer, or higher level having custody ofthe records, may permit the citizen to use the citizen'sown photographlc process providing:

1. The photographic process is approved by the custodian.

2. There is no risk of damage or mutiliation of therecords.

3. The copy of such records by the citizen would not beincompatible with the economic and efficient operation ofthe office and the transaction of public business therein.

NEW JERSEY REGISTER. THURSDAY, OCTOBER 5. 1978 (CITE 10 N.J.R. 453)


4. The citizen is willing to pay the fee which shall beestablished by the custodian after considering the equipmentand time involved (such fee shall not be less than$5.00 nor more than $25.00 per day).

(g) N.J.S.A. 47:1A-2 of "The Present New Jersey Rightto ~ow Law", requires that if a price for a public record has not been established by a N.J. statute, N.J.legislative resolution, N.J. Gilvernor's executive order,rule of court, Federal law, regulation or order, or anyN.J. regulation, the following fees are in effect;

1. First page to tenth page: $.50 per page;2. Eleventh page to twentieth page: $.25 per page;3. All pages over 20: $.10 per page.(h) [A request from a citizen for information, which is

not a NJDOT Public Record and ,requires a significantamount of research and investigation, shall be chargedon a man-hour basis.]

When it is determined by the Official Custodian of thenonpublic records listed in subsection (c) of this section,or the Commissioner of Transportation in the case of allother nonpublic records, to make available records thatinvolve a significant amount of research and investigation,the charges shall be on a man-hour basis.

(i) [According to law or the Commissioner's discretion,aparticular NJDOT Public Record maybe publicly distributed free of charge.]

[(m The records listed below shall not be deemedNJDOT Public Records and are subject to the provisionsof N.J.S.A. 20:3-12c and 20:3-12d and rules of the N.J.Supreme Court R:4:73-11.

1. Estimates, appraisals and costs of acquiring rightof-way prior to the completion of a project.

2. For the preservation of the "Attorney-Client Privilege", all records which are part of any case file maintained by a Deputy Attorney General acting for the NJDOT.

16:1-2.3 Procedure for obtaining NJDOT Public Records(a) A private citizen, in person or in writing, may obtain

a NJDOT Public Record directly from a Bureau Chief,Regional Engineer, or higher level upon conferring withthe Custodian of Records, Director, Division of centralServices.

(b) A private citizen, who does not know where a particular NJDOT Public Record may be obtained, shouldcontact, in person or in writing:

Official Custodian of RecordsDepartment of Transportation1035 Parkway AvenueTrenton, N.J. 08625Att: Chief, Bureau of Records and Services





(a)


Amendments on Restricted ParkingOn Rontes 26, 44, 28 and U.S. 22

On September 7, 1978, Louis J. Gambaccini, Commissioner of Transportation, pursuant to authority of N.J.S.A.39:4-138.1 'and in accordance with applicable provisions ofthe Administrative Procedure Aot, adopted amendmentsto N.J.A.C. 16:28-3.41, 16:28-3.162, 16:28-3.172 and 16:283.173, concerning ,restricted parking on portions of Routes26,44,28 and U.S. 22, as proposed in the Notice publishedAugust 10, 1978, at 10 N.J.R. 358(a).

An order adopting these amendments was filed and be-came effective September 7, 1978,as R.1978, d.307.


(bJ

TRAI~SPORTATIONTHE COMMISSIONER

Rnle on Yield Intersection in Bordentown Township

On September 6, 1978, Louis J. Gambaccini, Commissioner of Transportation, pursuant to authority of N.J.S.A.39:4-140 and in accordance with applicable provisions ofthe Administrative Procedure Act, adopted a new rule, tobe cited as N.J.A.C. 16:28-8.2, concerning a yield intersection in Bordentown Township, as proposed in the Noticepublished August 10, 1978, at 10 N.J.R. 355(b).

An order adopting this rule was filed and became effec-tive September 7, 1978, as R.1978 d.308.


(c)


Rule on One.Way Traffic on Portions of Route 35

On September 6, 1978, Louis J. Gambaccini, Commissioner of Transportation, pursuant to authority of N.J.S.A.39:4-85.1 and in accordance with applicable provisions ofthe Administrative Procedure Act, adopted a new rule,to be cited as N.J.A.C. 16:28-4.6, concerning one-way traffic along portions of Route 35, as proposed in the Noticepublished August 10, 1978, at 10 N.J.R. 356(a).

An order adopting this rule was filed and became effec-tive Septem.ber 7,1978, as R.1978 d.309.


(CITE 10 N.J.R. 454) NEW JERSEY REGISTER, THURSDAY, OCfOBER 5, 1978


(a)


Rule on Restricted Parking on Parts of Route 34

On September 6, 1978, Louis J. Gambacdni, CQmmissioner of Transportation, pursuant to authority of N.J.S.A.39:4-138.1 and in accordance with applicable provisionsof the Administrative Prooedure Act, adopted a new rule,to be cited as N.J.A.C. 16:28-3.178, concerning restrictedparking on parts of Route 34, as proposed in the Noticepublished August 10, 1978, at 10 N.J.R. 356(b).

An order adopting this rule was filed and became effec-tive September 7, 1978, as R.1978 d.310.


(b)


Rule on Speed Limits on Portions of Route 1·280

On September 6, 1978, Louis J. Gambacdni, CQmmissioner of Transportation, pursuant to authority of N.J.S.A.39:4-98 and in accordance with applicable provisions ofthe Administrative Procedure Act, adopted a new rule,concerning speed limits on portions of Route 1-280, as proposed in the Notice published August 10, 1978, at 10 N.J.R.356(c).

Take notice that, this rule will be cited as N.J.A.C.16:28-1.179, rather than the ,citation of N.J.A.C. 16:28-1.177that appeared in the Notice of Proposal.

An order adopting this rule was filed and became effec-tive September 7,1978, as R.1978 d.311.


(e)


Rules on Restricted Parking on PortionsOf Routes U.S. 22, N.J. 28, 33 and 49

On September 6, 1978, Louis J. Gambaccini, Commissioner of Transportation, pursuant to authority of N.J.S.A.39:4-138.1, 39:4-139 and in a'ccordance with applicable provisions of the Administrative Procedure Act, adopted newrules, to be cited as N.J.A.C. 16:28-3.174 through 16:283.177, concerning restricted parking on portions of RoutesU.S. 22, N.J. 28, 33 and 49, as proposed in the Noticepublished August 10, 1978, at 10 N.J.R. 357(a).

An order adopting these rules was filed and becameeffective September 7, 1978, as R.1978 d.312.


(d)


Amendments on Speed Limits on Parts of Route 47

On September 6, 1978, Louis J. Gambacdni, CQmmissioner of Transportation, pursuant to authority of N.J.S.A.39:4-98 and in accordance with applicable provisions ofthe Administrative Procedure Act, adopted amendmentsto N.J.A.C. 16:28-1.138 through 16:28-1.143, concerningspeed limits on parts of Route 47, as proposed in theNotice pUblished August 10, 1978, at 10 N.J.R. 357(a).

An order adopting these amendments was filed and be-came effective September 7,1978, as R.1978 d.313.


(e)

TREASURYLOTTERY COMMISSION

Proposed Rules on Suspension andRevocation of Lottery Agent's Licenses

The Lottery Commission in the Department of theTreasury, pursuant to authority of N.J.S.A. 5:9-7, proposesto ,adopt new rules concerning the suspension and revocation of lottery agent's licenses.


17:20-7.3 CQnviction of crimeAny person who has been convicted of a crime or a

disorderly persons offense relating adversely to the dutiesofa lottery agent may be denied a license to sell ordistribute lottery tickets. Any such person shall have aright to a hearing before such denial becomes final.

17:20-7.4 HearingsThe Executive Director may summarily and without a

prior hearing revoke the license of any agent convicted ofa crime or a disorderly persons offense relating adverselyto the duties of a lottery agent. Any such agent shall beentitled to an immediate post-revocation hearing.

17:20-7.5 Suspension pending trialAny agent against whom an indictment, accusation or

complaint has been filed cha~ging commission of a crimeor a disorderly persons offense relating adversely to theduties of a lottery agent may be summarily suspended asa lottery agent pending the outcome of his trial.

17:20-7.6 Suspension or revocationThe license of any agent who is arrested for a crime or a

disorderly persons offense relating adversely to the dutiesof a lottery agent, may ,be suspended or revoked aftera license revocation hearing.

17:20-7.7 Reporting offensesAny agent may have his license revoked for not report

ing in writing to the Lottery CQmmission his arrest, orthe filing of an indictment,accusation, complaint, arhis

NEW JERSEY REGISTER, THURSDAY, OCTOBER 5, 1978 (CITE 10 N.J.R. (55)


conviction, of a crime ora disorderly persons offenserelating adversely to the duties of a lottery agent withinfive days of such arrest, indictment, accusation, complaintor conviction.

Interested persons may present statements or argumentsin writing relevant to the proposed action on or beforeOCtober 25, 1978, to: .

Mrs. Gloria A. DeckerExecutive DirectorLottery CommissionTaxation BuildingWest State and Willow StreetsTrenton, N.J. 08625

The Lottery Commission may ,thereafter adopt rules con-cerning this subject without further notice.

Gloria A. DeckerExecutive :Director, Lottery CommissionDepartment of the Treasury

(a)

TREASURYDIVISION OF PENSIONS

HEALTH BENEFITS COMMISSION

Proposed Amendments ConcerningHealth Benefits Program

William J. Joseph, secretary, Health Benefits Commissitm, in the Division of Pensions in the Departmentof the Treasury, pursuant to authority of N.J.S.A. 52:1417.27, proposes to amend rules N.J.A.C. 17:9-2.3, 17:9-5.3,17:9-5.8, 17:9-6.1 and 17:9-7.4, concerning the State HealthBenefits Program.

Full text of the proposals follows (additions indicatedin boldface thus; deletions indicated in brackets [thus]):

17:9-2.3(a) Any employee who shall elect not to enroll forcoverage fur himself or for his dependents at the timesuch employee or dependent first becomes eligible forcoverage shall subsequently be permitted to enroll himself and his dependents only during the annual enrollment period, which is the month of [April] February ofeach year with coverage effective for the first coverageperiod in [August] May in the case of State coverageand the month of January with covera,ge effective [April1] May 1 in the case of local coverage.

17:9-5.3 Advance premiumsFor the purpose of local coverage, in the traditional

program, the employer must remit to the Division ofPensions premiums covering a one-month period in advance of the coverage date whereas premiums for HMOcoverage are remitted directly to the HMO in which theemployee is enrolled.

17:9-5.8(e) All refunds will be made payable to the activeor retired employee constituting the most timely premiumpayment for Part B coverage.

17:9-6.l(d) The definition of "retired employee" shall alsoinclude an employee who is eligible to receive a monthlyannuity from the Teachers' Insurance and Annuity Association or long-term disability benefits based on his participation in [an] the New Jersey Alternate Benefit Program [in New Jersey], provided the employee who is

receiving a monthly annuity applied for and began receiving a TIAA annuity immediately followin,g the termination of his employment in a position covered by [an]the Alternate Benefit Program [in New Jersey], andfurther provided, that TIAA agrees to deduct the appropriate premium from the retired employee's monthly TIAAannuity and remits it promptly to the State Health Benefits Program as a remitting agent.

17:9-6.1(f) The employer liability for premium paymentson behalf of eligible retired employees which includesthose employees who are eligible to receive long-termdisability benefits is payable in accordance with the provisions of N.J.S.A. 52:14-17.32 and 17.38.

17:9-7.4 Voluntary terminationAn employee may elect voluntarily to terminate his

coverage or coverage for his dependents at any time, buttermination of the employee's own coverage shall automatically terminate the coverage of his dependents. Suchvoluntary termination shall be effected by written noticethereof to the Health Benefits Bureau by use of the enrollment and authorization .form. Termination notices foremployees enrolled in an HMO will be sent directly to theHMO by the employer.

Interested persons may present statements or argumentsin writing relevant to the proposals on or before October25, 1978, to:

William J. Joseph, SecretaryHealth Benefits CommissionDivision of Pensions20 West Front StreetTrenton, N.J. 08625

The State Health Benefits Commission may thereafteradopt rules concerning this subject without further notice.

William J. Joseph, secretaryHealth Benefits CommissionDivision of PensionsDepartment of the Treasury

(b)

TREASURYSTATE INVESTMENT COUNCIL

Amendments Concerning Oassification of Funds

On september 8, 1978, Clifford A. Goldman, StateTreasurer, pursuant to authority of N.J.S.A. 52:18A-89,on behalf of the State Investment Council and in accordance with applicable provisions of the AdministrativeProcedure Act, adopted amendments to N.J.A.C. 17:16-5.5and 17:16-5.6, concerning classification of funds.


17:16-5.5 Temporary reserve group

(a) The temporary reserve group shall include:1. Beaches and Harbors Fund;

[1] 2. Clean Waters Fund;[2] 3. CMF/Administrative Expense Fund #097;[3] 4. CMF/Non-State Fund #098;[4] 5. eMF/Reserve Fund #099;[5] 6. College of Medicine ,and Dentistry of New Jersey-

Self Insurance Reserve Fund #110;[6] 7. Gilneral Investment Fund;[7] 8. General Revenue Sharing Fund;[8] 9. General Trust Funds;

(CITE 10 N.J.R. 45§) m:W JERSEY REGISTER, THURSDAY, OCTOBER 5, 1978


[9] 10. Higher Education Buildings Construction Fund(Act of 1971);

[10] 11. Housing Assistance Fund;[11] 12. Institutions Construction Fund;[12] 13. Medical Education Facilities Fund;[13] 14. Mortgage Assistance Fund;[14] 15. New Jersey Educational Facilities Authority;[15] 16. New Jersey Housing Finance Agency;[16] 17. New Jersey State Area Redevelopment Fund;[17] 18. Pension Adjustment Fund;[18] 19. Public Buildings Construction Fund;[19] 20. School Building Aid-Capital Reserve Fund;[20] 21. Special Railroad Deposits Trust Fund;[21] 22. State Facilities for Handicapped Fund;[22] 23. State Health Benefits Fund;[23] 24. State Lottery Fund-Investment;[24] 25. State of New Jersey-Alternate Benefit Program;[25] 26. State of New Jersey Cash Management Fund;[26] 27. State 1964 Institution Construction Fund;[27] 28. State Recreation and Conservation Land

Acquisition Fund;[28] 29. State Recreation and Conservation Land

Acquisition Fund (Act of 1971);[29] 30. State Recreation and Conservation Land

Acquisition and Development Fund;[30] 31. State Transportation Fund;[31.] 32. State Water Development Fund;[32] 33. Transportation Benefit Fund;[33] 34. Transportation Fund;[34] 35. Unemployment Benefits Liability Fund #844;[35] 36. Veterans' Loan Guaranty and Insurance Fund;[36] 37. Water Conservation Fund.

17:16-5.6 Trust group(a) The trust group shall include:1. College of Medicine and Dentistry of New Jersey

Funds (l)Endowment Funds;2. College of Medicine and Dentistry of New Jersey

Endowment Fund B;3. Supplemental Annuity Collective Trust;4. Tischler Memorial Fund.

An order adopting these amendments was filed andbecame effective on September 13, 1978, as R,1978 d.316(Exempt, Procedure Rule).


(a)

TRtASURYDIVISION OF TAXATION

Rule ou Gross Income Tax Withholding

On September 12, 1978, Sidney Glaser, Director of theDivision of Taxation in the Department of the Treasury,pursuant to authority of N.J.S.A. 54A:l-l et seq. and inaccordance with applicable provisions of the Administrative Procedure Act, adopted a new rule, to be cited asN.J.A.C. 18:35-1.10, concerning withholding and the GrossIncome Tax Act, as proposed in the Notice publishedAugust 10, 1978, at 10 N.J.R. 36l(b).

An order adopting this rule was filed and became effec-tive September 13, 1978, as R,1978 d.319.


(b)

TREASURYDIVISION OF TAXATION

Amendments on Floor CoveringAnd Sales and Use Tax

On September 12, 1978, Sidney Glaser, Director of theDivision of Taxation in the Department of the Treasury,pursuant to authority of N.J.S.A. 54:32B-l et seq. and inaccordance with applicable provisions of the Administrative Procedure Act, adopted amendments to N.J.A.C.18:24-22.2 and 18:24-22.3, concerning floor covering andthe Sales and Use Tax Act, as proposed in the Noticepublished August 10, 1978, at 10 N.J.R, 362(a).

An order adopting these amendments was filed and be-came effective September 13, 1978, as R.1978 d.320.


(c)


Amendments on Business Personal Property Tax

On September 12, 1978, Sidney Glaser, Director of theDivision of Taxation in the Department of the Treasury,pursuant to authority of N.J.S.A. 54:11A-l et seq. and inaccordance with applicable provisions of the Administrative Procedure Act, adopted amendments to N.J.A.C.18:9-2.2, 18:9-2.3, 18:9-2.4 and 18:9-3.5, concerning the business personal property tax act, as proposed in the Noticepublished August 10, 1978, at 10 N.J.R. 362(b).

An order adopting these amendments was filed and be-came effective September 13, 1978, as R,1978 d.321.


(dl


Emergency Amendments on Petitions of Appeal

On September 15, 1978, Sidney Glaser, Director of theDivision of Taxation in the Department of the Treasury,pursuant to authority of N.J.S.A. 54:13-14 and in accordance with applicable provisions of the AdministrativeProcedure Act, adopted emergency amendments to N.J.A.C. 18:12A-1.6, concerning petitions of appeal.


18:12A-1.6(d) A taxpayer who shall file an appeal froman assessment against him shall pay to the collector ofthe taxing district no less than the first three quarters ofthe taxes assessed against him for the current tax yearin the manner prescribed in R.S. 54:4-66, even though his



petition to the county board of taxation might request areduction in excess of one quarter of the taxes assessedfor the full year. No county board of taxation shall hearthe appeal unless the first three quarters of the currentyear taxes shall have been paid.

[(d)] (e) Petitioner who alleges discrimination and usesthe assessments on other properties as comparisons mustaffix a schedule to the petition of appeal and to the copyof said petition, giving the name of the owner, block andlot number and .assessed valuation as shown in the currenttax list.

[(e)] (f) A separate petition of appeal shall be receivedand filed with the Board on or before December 1 for eachassessment under appeal on the added assessment list.

[(f)] (g) A separate petition of appeal shall be receivedand filed with the Board on or before December 1 foreach assessment under appeal on an assessor's omittedassessment list pursuant to N.J.S.A. 54:4-63.39.

[(g)] (h) All other appeals from actions or determinations of tax assessors where no time is fixed by statuteor by these rules shall be filed within 60 days from thedate of the action or determination appealed from.

[(h)] (i) A petitioner must file a copy of each petitionwith the assessor. Assessors must notify the clerk orattorney of all petitions filed wherein the subject propertyis situated. In case of appeal by the taxing district, a copyof the petition must he served on the record owner ofthe subject property and on the assessor, unless the taxcollector has received written notice that the taxpayer isa person, partnership or corporation other than the recordowner, in which event a copy of the petition must alsobe served on the taxpayer. Where petitioner files a petition with resepct to another owner's property, he shallfurnish a copy of the petition to such owner in addition toall other parties.

[(i)] (j) Proof of filing may be by receipt stamp of thetaxing district or affidavit of service.

[(j)] (k) If the last day for filing a petition falls on aSaturday, Sunday or a legal holiday, the last day forfiling shall be extended to the first succeeding business day.



fa)

(Other Agencies)

CASINO CONTROL COMMISSIONProposed Amendments to Rules of GamesConcerning Minimum and Maximum Wages

Joseph P. Lordi, Chairman of the Casino Control Commission, pursuant to authority of N.J.S.A. 5:12-1 et seq.,proposes to adopt a new rule concerning the rules of thegames regarding minimum and maximum wages.


19:47-5.7 Minimum and maximum wagers(a) All wagers and payouts of winning wagers of table

games shall be made according to rules promulgated by

the Commission, which shall establish such minimumwagers and other limitations as may be necessary toassure the vitality of casino operations and fair odds toand maximum participation by casino patrons; provided,however, that a casino licensee may establish a higherminimum wager with the prior approval of the Commission.

(b) With regard to each licensed casino operation, theCommission shall establish such minimum wagers andother limitations as may be necessary to assure thevitality of casino operations and fair odds to and maximumparticipation by casino patrons; after the Commissionhas considered the following factors:

1. Return on investment in the casino hotel complex,including:

i. The amount of the ,casino licensee's investment in thecasino hotel complex;

ii. The profitability of the casino hotel complex;iii. Competition with other licensed casino operations in

this jurisdiction;iv. Competition with casinos in other jurisdictions; andv. Such other factors as the Commission may deem

appropriate.2. The flexibility necessary to enable the casino licensee

to react to:i. Market conditions;ii. Seasonality;iii. Peak periods of the day and week;iv. Such other factors as the Commission may deem

appropriate.3. Maximum participation by casino patrons, including:i. The patron demand for table games with various

minimum wagers;ii. The effect of minimum wagers and other limitations

on the simulation and retention of the tourist and convention trade.

4. The spread between the minimum wager and the maximum wager at table games, which shall he as follows:

i. Blackjack: If the minimum wager at a table is twodollars ($2) or five dollars ($5), the maximum wagershall be at least five hundred dollars ($500);

ii. Craps: If ,the minimum wager at a table is two dollars ($2) or five dollars ($5), the maximum wager shallbe at least five hundred dollars ($500); provided, however,that the maximum wager on the pass, don't pass, come,or don't come shall not preclude a casino patron fromtaking the odds or laying the odds in accordance with theRegulations of the Commission relating to craps;

iii. Roulette: If the minimum wager at a table is:(1) Two dollars ($2), the maximum wager shall be at

least:(A) One thousand dollars ($1,000) on an even-money

wager;(B) Five hundred dollars ($500) on a wager where the

odds are two to one;(C) Fifty dollars ($50) on an inside wager, any way

the patron can get to the number;(2) Five dollars, ($5), the maximum wager shall be at

least:(A) Two thousand dollars ($2,000) on an even money

wager;(B) Five hundred dollars ($500) on a wager where the

odds are two to one;(C) One hundred dollars ($100) on an inside wager, any

way the patron can get to the number;iv. Big six wheel: The minimum wager shall be one

dollar ($1) and the maximum wagers shall be at least:



(1) Four hundred dollars ($400) on a wager where theodds are even money;

(2) Two hundred dollars ($200) where the odds are twoto one;

(3) Eighty dollars ($80) where the odds are five to one;(4) Fifty dollars ($50) where the odds are ten to one;(5) Fifty dollars ($50) where the odds are twenty to one;(6) Fifty dollars ($50) where the odds are forty to one;v. Baccarat: If the minimum wager at a table is twenty

dollars ($20) or fifty dollars ($50), the maximum wagershall be at least two thousand dollars ($2,000).

5. The adequacy of the notice to casino patrons ofchanges in the permissible minimum wagers, includingthe posting and announcing of such changes to casinopatrons. In no event shall the casino licensee change thepermissible minimum wagers at a table game unless thecasino licensee has first given the patrons at least onehour advance notice of such change.

6. Notwithstanding the provisions of this regulation, theCommission shall not control the minimums of more than70 per cent of the table games actually open for play atany licensed casino operation.

Interested persons may present statements or argumentsin writing relevant to the proposal on or before October25, 1978, to:

Joseph P. Lordi, ChairmanCasino Control Commission379 West State StreetTrenton, N.J. 08625

The Casino Control Commission may, thereafter, adoptrules concerning this subject without further notice.

Joseph P. LordiChairmanCasino Control Commission

Cal

HIGHWAY AUTHORITYGARDEN STATE PARKWAY

Proposed Amendments on TollsAnd Exact Change Toll Lanes

The Highway Authority, pursuant to authority of N.J.S.A. 27:12B-1 et seq., proposes to amend N.J.A.C. 19:8-3.1by adding new text therein ,concerning tolls and the useof exact change toll lanes on the Garden Sta,te Parkway.


19:8-3.Hd) It is hereby declared to be unlawful for anyperson to operate, or owner to permit to be operated, avehicle in an "EXACT CHANGE" toll lane of the Parkway unless the person has the required change to pay theapplicable toll in accordance with the above Schedule ofTolls of this section.

(e) Any person who operates, and any owner who permits to be operated, a vehicle in an "EXACT CHANGE"toll lane of the Parkway and does not have the requiredchange to pay the applicable toll in accordance with theabove Schedule of Tolls must stop at the toll booth, remainin the vehicle, blow horn and wait until assisted by atoll, traffic or police officer before proceeding.

(f) Any person who operates, or owner who permits tobe operated, a vehicle in an "EXACT CHANGE" toll laneof the Parkway at an entrance or exit ramp when no tollcollector is on duty and not having the required change

to pay the applicable toll in accordance with the aboveSchedule of Tolls shall pay said toll by mail addressedto New Jersey Highway Authority, Garden State Parkway,P.O. Box 53, Woodbridge, New Jersey 07095 or in personto a toll collector at any other location on the Parkway.


F. Joseph Carragher, Executive DirectorHighway AuthorityGarden State ParkwayWoodbridge, N.J. 07095

The Highway Authority may thereafter adopt rules con-cerning this subject without further notice.

F. Joseph CarragherExecutive DirectorHighway Authority

(b)

HIGHWAY AUTHORITYGARDEN STATE PARKWAY

Propose Regulations Governing TowingOf Passenger Motor Vehicles by Campers

F. Joseph Carragher, Executive Director of the HighwayAuthority, pursuant to authority of N.J.S.A. 27:12B-l, etseq., and in accordance with applicable provisions of theAdministrative Procedure Act of 1968, proposes to amendN.J.A.C. 19:8-1.9(b)l2., concerning towing of passengermotor vehicles by ,campers on the Garden State Parkway.

Full text of the proposed amendment follows (additionsindicated in boldface thus; deletions indicated in brackets[thus]) :

19:8-1.9(b)l2. Motor vehicles in tow or motor vehiclespushing or being pushed along the travel portion of theroad, except [the moving of disabled vehicles under StatePolice direction;] as follows:

i. Moving of disabled vehicles when directed by a trafficor police officer;

ii. Towing of vehicles in accordance with Parkwayemergency service; or

iii. Towing of passenger motor vehicles by a camper,provided that not more than one vehicle is being towed,the camper and the vehicle being towed are connectedby a bar and chain hitch and the brake lights, directionalsignals and emergency flashers on both vehicles are synchronized and under the control of the operator of thecamper.

Interested persons may present statements or argumentsin writing relevant to the proposal on or before October25, 1978, to:

F. Joseph Carragher, Executive DirectorHighway AuthorityGarden State ParkwayWoodbridge, N.J. 07095

The Highway Authority, upon its own motion or at theinstance of any interested party, may thereafter adoptthis rule substantially as proposed without further notice.

F. Joseph CarragherExecutive DirectorHighway Authority



Ca)

PORT AUTHORITY OFNEW YORK AND NEW JERSEYRevisions to Charges on Boarding Gate SecurityTariff at Newark and LaGuardia Airports

On July 26, 1978, the Committee on Operations of thePort Authority of New York and New Jersey adoptedrevisions to the schedule of charges concerning the boarding gate security tariff at Newark International andLaGuardia Airports.


Resolved, that the schedule of charges for the use ofPublic Landing Area, Public Pass,enger Ramp and ApronArea, Public Cargo Ramp and Apron Area and PublicAircraft Parking and Storage Areas at LaGuardia Airport, adopted by the Committee, at its meeting on October 5, 1970 (appearing at pages 34 at seq. of the committeeminutes of that date), as amended; and at Newark International Airport, adopted by the Committee, at its meeting on October 5, 1959 (appearing at pages 45 at seq. ofthe committee minutes of that date), as amended; beand the same am hereby amended effective July 26, 1978by adding a new Section V to the Schedule of Charges atLaGuardia and a new Section VIn to the Schedule ofCharges at Newark entitled "Special Terminal Charge"to read as follows:

For each eight-hour police tour for providing boardinggate police security requested by an airline or requiredby Federal regulation when the airline in question has noprior agreement with the Port Authority as to the provision of such service .....$232and be it further

Resolved, that the executive director be and he herebyis authorized, at his discretion, to revise the $232 pertour rate as conditions and costs require.

An order adopting these revisions was filed on August31, 1978, as R.1978 d.301 (Exempt, Exempt Agency).

G. Duncan FletcherDirector of Administrative ProcedumDepartment of State

I SUBSCRIBII~G TO THE CODEA goodly number of new subscriptions to the New

Jersey Administrative Code, the 29 volumes of regularly updated rules of all State Government departments,have been received recently.

This may be due to the printing of an explanatorysubscription form on the neXit-to-last page of theSept. 7 Register.

Anyone interested in receiving the Code or certainrules therein, should refer to that issue.

Total volumes of the Code currently in use are nowwell over 30,000, mostly in full sets.

STATE NEWS OFPUBLIC INTEREST

Based on press releases from offices involved

STATE'S INVESTMENT EARNINGS

UP $51 MILliON TO $341 MILliON

State Treasurer Clifford Gflldman recently reported thatthe State earned almost $341 million during the last fiscalyear on its investments in stocks and securities.

He stressed that only $34 million of that total can beused for general State operations, the rest are held bythe six State pension funds and other trust accounts andcannot be used for general purposes.

Because pension and other funds are held in trust l?rare dedicated for specific purposes by law, none of thelIinvestment earnings or capital can be used to replacetaX!es, or help close any future budget deficits, he said.

The investment earnings, described as "excellent" byGoldman, were $51.4 million more than the State earnedin fiscal 1977.

The "book value of all securities" held in the funds as ofJune 30, 1978 was more than $5.9 billion, an increase ofnearly $527 million during the fiscal year, according toGoldman.

Of the total book value, the assets of the six pensionfunds totaled $5 billion. The balance of $974 million is intrust and other State funds.

The six pension funds administered by the State are thePublic Employees Retirement System, Teachers Pensionand Annuity Fund, Police and Firemen's RetirementSystem, State Police Retirement System, ConsolidatedPolice and Firemen's Fund and Judicial RetirementSystem.

FEDERAL GRANT BRINGS START

ON TWO CITY INDUSTRIAL PARKS

The U.S. Economic Development Administration has approved grants totaling $1,168,000 to the State EconomicDevelopment Authority to pay a portion of the cost ofdeveloping the Authority's first two urban industrial parksin Jersey City and Elizabeth.

The Federal funds will be matched with approximately$3 million from the E.D.A. for acquisition and improvement of approximately 30 acres of urban renewal landin Elizabeth and another 29 acres of such land in JerseyCity.

Both projects will be developed by the Authority as industrial parks to attract private investment and employment into the core--city areas of hoth municipalities.

Governor Brendan Byrne said, "I am happy to announce that the ,cooperation and innovation of the Stateand Federal governments have made these projects possible. These projects are two more clear examples of thecommitment of the Carter and Byrne administr~tions tothe people of the urban centers."

The Governor noted that the two projects combined areexpected to lead to the construction of more than $25million of new industrial and business facilities in the twocommunities, as well as job opportunities for more than1,000 people. Construction on the two site improvements isexpected to begin later this year.



57 Years Young

P.A. BEGINS $1 BILLION

INDUSTRIAL PARK PROJECTFollowing a joint signing by the Governors of the two

states, the Port Authority of New York and New Jerseyhas embarked on a ten-year program to build $1 billionof new industrial parks in at least three port cities.

In their joint statement, Gov. Brendan Byrne and Gov.Hugh W. Carey said: "It is dear from all we have experienced during the past decade that unless we can rebuildupon the economic strengths of our inner cities, we cannotexpect our states or the northeast region to prosper."

The Port Authority plans to spend $400 million of its ownmoney on the new industrial parks in urban areas, plus ananticipated $600 million more coming from private industry. It expects the ,work to generate 30,000 new jobs and,in addition, construction should mean some 4,000 buildingjobs and a $10 million return in state and local taxes.

While definite sites have not yet been selected, P.A. officials said serious consideration is being given to the portarea of Newark, the Greenville railroad yards in JerseyCity and the railroad yards in the South Bronx.

Port Authority Chairman Alan Sagner announced theformation of a new industrial development unit within theP .A. to handle the project. It is headed by a veteran PortAuthority executive, Neal R. Montanus, 52.

The new law authorizes the Port Authority to preparea master plan for the project. But first, it must consultwith the municipalities in which the projects will belocated. Local officials will have veto power over projects ,they consider objectionable.

Byrne said the bill will rejuvenate the cities whileat the same time giving them substantial ,control overthe type of facilities built.

The new parks will ,combine a number of novel featuresin industrial design. Chief among these are plans to havethe energy come from new power plants to be stoked byrecycled waste.

Garbage would be used as a fuel to create sufficientpower; recovered material, such as metals, glass andpaper, could serve asa source of supply for certain primary industries such as a mini-steel mill, detinningplant, paper production or others.

Other planned innovations are day care and child carecenters and medical clinics.

"These bills will enable the Port Authority to developthe most modern generation of industrial parks to whichto attract new industry for the Port District," said Sagner. He went further:

"Lt marks the start of a new era of cooperation amongthe two states, the municipalities of the Port District,business, labor and all the forces we can muster to attainfor this region an economic supremacy greater than anythe 'world has known."

New York City and New Jersey port-area cities havebeen especially hard hit by industrial deterioration.Manufacturing jobs in the area declined by 500,000 from1.8 million in 1954 to 1.3 million in 1976, it was said.During the same period the region lost about 15,000manufacturing plants.

The 56 Intervening YearsThe signing ceremony Aug. 24 was held in the Great

Hall of the New York Chamber of Commerce andIndustry-in the same room where 57 years ago theoriginal compact setting up the Port Authority wassigned by two earlier governors of the two states,after the consent of Congress.

The 1921 beginning came at a time when only thefirst of the tunnels connecting the two states, theHolland, existed. The first two completed projectsof the P.A. in 1928 were the Outerbridge Crossingand the Goethals Bridge.

Since then all the major tunnels and bridges, marine and truck terminals, airports and PATH servingthe metropolitan area have been among their projectsin the 1,500 square miles of the Port District.

The Port Authority today owns or operates 26 suchmajor facilities, has assets of over 3 billion, 406million dollars and employs about 7,000 people. Itsgross capital expenditure budget for 1978 tops $227million, backed by a new $100 million bond issue.

Current chairman Alan Sagner has served sinceJune, 1977, after previously acting as a P.A. Commissioner while also Transportation Commissionerof New Jersey. The top executives, the 12 unpaidCommissioners, are appointed by the governors, sixfrom each state. They select from their members thechairman and vice chairman, the latter ,currentlybeing Robert F. Wagner of New York.

Traf'fic at Newark AirportSeen Doubling In 10 Years

In a related Port Authority development, Gov. BrendanByrne last month predicted ,that passenger traffic atNewark International Airport should double within tenyears.

With 1975 showing just over six million passengersserved, the Governor forecast that by 1985 Newark willhandle nearly 12 million passengers. And with continuedgrowth in low~ost air fares,this estimate "may well be aconservative one", he added.

Chairman Alan Sagner of the Port Authority, whichsupervises Newark ,along with the other metropolitan airports at Kennedy, LaGuardia and Teterboro, reportedthat Newark may top a record eight million passengerseven this year, or a ten per cent increase over 1977."Passenger traffic, flights and seating capacity are growing at a faster rate than at either Kennedy or LaGuardia",he noted.

Mayor Kenneth Gibson of Newark declared, "NewarkAirport is an important resource not only for the communities of Newark and Elizabeth but for the rest of theState and the metropolitan region".

The forecasts came as the officials announced plans fora week of observances commemorating the 50th anniversary of the airport, which got under way last weekend.



New Jersey Is First StateTo Ra'tify D.C. Voting Rights

New Jersey on September 11 became the first state inthe nation to ratify an amendment to the U.S. Constitutionwhich would give the District of Columbia public representation in the U.S. Congress equal to that of our 50states.

The State Legislature, back for a special session, passedresolutions approving the proposed amendment. The votein the Assembly was 59 to 12 and in the upper Senate27 to 5.

If ratified by 37 more states, the amendment will givethe District of Columbia two U.S. Senators and one or twoRepresentatives, depending on how its population thencompares to the other states.

Assemblyman Peter Shapiro, Democrat from EssexCounty, who sponsored the resolution, said that Washington, D.C. had only 14,000 residents when it came underCongressional control in 1800, but today has a 700,000population, larger than seven other states.

He stated that District residents pay more in Federaltaxes than residents of 15 states and that only six statespay a higher Federal income tax per capita.

Rep. Peter W. Rodino, Democrat from the 10th N.J.District, who as chairman of the House Judiciary Committee was instrumental in getting the amendment throughCongress, came to Trenton for ·the debate and ratification.

He termed the vote "a proud moment in the history ofour State"-a sentiment echoed by Gov. Brendan Byrne.

WORK. BENEFIT RATES SET SLIGHTLY

HIGHER FOR NEXT YEAR'S PAYMENTS

Benefit rates for 1979 for workers' compensation, unemployment insurance and temporary disability insurance, plus a new unemployment insurance taxable wagebase, were announced by John J. Horn, Commissionerof the Department of Labor and Industry.

The maximum weekly benefit amount for unemployment insurance and state plan temporary disability insurance has been set at $117 for next year. A $7 increaseover this year's maximum, it will he effective for allnew unemployment ilnsurance ,benefit years and allperiods of disability which begin on or after January 1,1979, Horn stated.

He said the maximum weekly benefit for unemploymentinsurance and state plan temporary disability insuranceis established by law at 50 per cent of the averageweekly wage figure for 1977. The average for this yearwas $233.55. Fi£ty per cent of this at $116.77 rounds outto $117.

The new maximum weekly benefit rate for workers'compensation temporary total disability, permanent totaldisability and dependency will be $156 per week, effectiveJanuary 1, 1979. This represents an additional $10 over1978.

The average weekly remuneration for individuals covered by workers' compensation is set by law at two-thirdsof the average weekly wages during 1976.

The 1979 taxable wage base under the UnemploymentCompensation Law calls for the wages of any individualwith respect to anyone employer for the purpose of contributions to include the first $6,600 paid during calendaryear 1979.

PUBLIC ADVOCATE "SATISFIES"

OVER HALF OF CITIZEN COMPLAINTS

A poll of citizens who took their problems with variousState agencies to the Public Advocate's Office of CitizenComplaints shows that more than half, 53 per .cent, hadtheir complaints satisfactorily resolved.

The random survey of 300 citizens who used the Officeof Citizen Complaints also showed 78 per cent who feltthe office had been "very help£ul." The survey was conducted recently by the Eagleton Institute of RutgersUniversity.

The Office of Citizen Complaints acts as the State'sombudsman in trying to resolve complaints from citizensenmeshed in governmental red tape, according to itsdirector, John W. Gleeson.

Gleeson said the office has handled more than 30,000requests for assistance since it was formed in mid-1974.He said the number of complaints has been growingsteadily and reached 6,000 during the first half of thisyear.

The number of requests has increased sharply sincethe office installed a toll-free telephone (800-792-8600)open 24 hours a day, Gleeson said. Calls receivedat night or on weekends are recorded and the complaining person is called back the next working day.Gleeson said that his office sometimes must explain

that nothing can be done, but citizens appreciate knowingthat "at least someone is responsive to their problems."

And he was particularly pleased that 87 per cent ofthose surveyed said they would ·use the office in thefuture,and would refer others. Complaints about theDepartment of Motor Vehicles accounted for nearly 1,600of the 11,000 complaints received during the past year.

(The Department of the Public Advocate, newestadministrative office in Trenton, is one of 20 Departmental Titles available in the New Jersey Administrative Code. Us initial rules of practice and procedure were recently distributed to Code subscribers.)

HEALTH DEPARTMENT FILLS TOP POSTS

State Health Commissioner Dr. Joanne E. Finley announced the appointment of a physician certified in publichealth and preventive medicine as Deputy Commissionerof the 'Department and the promotion of another physicianwith seven years service to the post of Director, Officeof Research and Evaluation.

The new Deputy Commissioner, Dr. Allen N. Koplin,replaces Dr. Watson E. Neiman, who retired on July 1.Dr. Koplin, 59, comes from the Illinois Department ofPublic Health, where he had served as Associate Directorof the Office of Health Services and Local Health Administration since 1975.

The Division of Laboratories and Epidemiology, Community Health Services, Alcoholism, and Narcotic andDrug Abuse are directly under Dr. Koplin's supervision.He will be responsible for administering $60 million inState and Federal funds, supervising 1,000 employees.

Dr. Leah Z. Ziskin, formerly Director of ParentalaIidChild Health Services, who had been acting deputy commissioner, is the new Director of the Office of Researchand Evaluation.

As Director of Research and Evaluation, Dr. Ziskin willbe responsible for planning, developing, directing andevaluating public health research activities for variousDepartmental programs.



BYRNE NAMES TWO WOMEN TO TOP

ARTS AND AGRICULTURE POSTS

Gov. Brendan Byrne recently appointed EileenLawton as executive director of the State Council on theArts. She had been assistant executive director sincejoining the Council in January last year and is the firstwoman to hold the top post.

As executive director, Lawton is responsible for funding, promoting and advancing cultural development inNew Jersey. A member of many cultural and arts societies, she studied classical ballet for several years.

A resident of Hillsborough Township, she was born inNew York City but has lived in the State for 20 years. Sheis a graduate of Rutgers University and has three chIldren. Lawton was formerly an officer with HillsboroughNational Bank.

In another appointment, the Governor named HelenSmith of Allentown to the State Board of Agriculture, tofill the unexpired one-year term of her husband, CharlesI. Smith,a former board member who died last May.

Mrs. Smith becomes one of two women on the eightmember board, which is the policy-making body for theState Department of Agriculture.

She is a life-time farmer, with her late husband, andoperates Baker Hill Farm in Allentown, which featureshorse breeding and ,beef cattle raising. She served formany years as racing secretary for the Monmouth CountyFair races.

BYRNE REPORTS PROPERTY TAXES

HELD STEADY FOR PAST TWO YEARS

Figures compiled by the State Division of Taxation showthat property taxes in New Jersey have held virtuallysteady for the past two years, it was recently reported byGov. Brendan Byrne.

The Governor said that total 1978 property taxes, notcounting the homestead rebate checks issued in July, willbe $18 million lower in 1978 than they were in 1976. Suchproperty taxes for county, municipal and school purposeswill be $3.33 billion in 1978--{jown from $3.34 billion in1976, and up from $3.26 billion in 1977.

"While some communities have experienced small increases, most communities in the State have had little orno increase in the property tax since 1976", said Byrne.

"When the homestead rebate is taken into account,there continues to be a significant reduction in the property tax burden in New Jersey", Byrne added.~ The Governor noted that in 1976, the year before the taxreform package financed with a State income tax took fulleffect, New Jersey taxpayers experienced a 10.7 per centannual increase in property taxes.

"The property tax relief financed through the 1976 taxprogram, together with strict 'caps' on government spending, have effectively held down the property tax in NewJersey", said the Governor.

"This has been especially beneficial to senior citizens,young families just starting out in their first home, andworking families who had been struggling to meet thespiraling property taxes of the past".

"The caps are working, and I have encouraged thelegislature to extend them through 1982", added the Governor.

Casinos Not Affec'ting Lottery PlayAs Ticket Sales Continue Upward

The eight-year-old New Jersey Lottery has not shownany drop in sales since the opening of casino gamblingin Atlantic City this past summer.

On the other hand, reported Lottery Director GloriaDecker, there are no signs that operations of the firstcasino have spurred any added interest in ithe lottery.

She believes this is "because casino gamblers and lottery players are two different types of people." She declared that "people who buy lottery tickets don't eventhink of themselves as gamblers."

Lottery sales continue to increase, she reported lastmonth, with the two most popular games running 50 percent over a year ago. The daily three-digit Pick-it gamehad $15.2 million in ticket sales in August, 45 per centover 1977, while the weekly Pick 4 game jumped by 66 percent to a $2.2 million monthly total.

These two are the most popular games "because peoplelike being able to select their own numbers," Deckersurmised.

The original weekly game is holding steady with sales ofabout one million 50·cent tickets each week, she said.

Fifty per cent of ticket receipts are iI'eturned to theplayers in the form of prizes. As of the latest financialtally in June, the lottery had raised $462 million for Stateuse toward education and institutions since it began in1910, she reported.

STATE PROVIDES $100 MILUON

LONG-RANGE SCHOOL BUILDING AID

The State will make a total of $100 million in school aidavallable aurmg the next lU years by assuming the costor nonds to buila new scnoolS ana refurbish old ones.

Tne aid was extenaea when Gov. Brendan Byrne lastmomn signed into law legiSlation resuming a similar program tha~ in ~ne past ten years had already made availanle $ll1U millIon to communities.

"'fIllS is teChnically not a bond issue," Byrne said as hesignea the legiSlation.

"This bill will adaress itself to any problem of antiquated buildings. It permi~s the Legislature to back anyaebt service by local government. .Hut it does not go ontne ballot."

The initial program was started in 1968, and it was reintroduced in Hill after the original $90 million had beenspent. The second $90 million was used up about two yearsago.

:)tate Sen. Matthew Feldman (D-Bergen), who sponsoredthe legislation, said the latest renewal of the program is ofspecial significance because it is the first to apply tovocational schools.

The Bergen senator said the new State support, whichwill be made available through budget appropriations,will pave the way for replacement of old buildings, forthe building of new ones where there are double sessionsand to prOVide vocational schools that, among other things,would make it possible for handicapped persons to receivejob training.

State Eaucation Commissioner Fred Burke said theState will budget each year for the assumption of the localdebts.

State. Sen: Way~e Dumont CR-Warren), a co-sponsor ofthe legIslatIOn, hailed the program. But he said he wouldhave preferred to see more money made available.

NEW JERSEY REGISTER. THURSDAY. OCTOBER 5, 1978 (CITE 10 N.J.R. 463)


Local Liaison Aid OfficeSet Up on Transportation

A direct Trenton contact with the counties and municipalities is a new function in the State TransportationDepartment.

The liaison man is Gary Verhoorn, recently named byCommissioner Louis J. Gambaccini to the new Office ofPolicy Analysis "to develop improved State-County-localgovernment transportation relations."

VeI"hoorn, 32, joined the Department last May afterserving for three years as transportation director for theEssex County Improvement Authority and two years previouslyas chief transportation planner for Newark.

Married, with one daughter, Verhoorn received his bachelor and then masters degree in 1973 from the New JerseyInstitute of Technology, Newark. The family lives inHillsboro.

As one of his first activities, Verhoorn held a conferencelast month in Newark with transportation representativesof all counties at which he outlined the aid his office willbe providing and asked for suggestions.

Those wishing to contact the office should write, DOT,Commuter Services, 1235 Parkway Ave., Trenton, N.J.08625. Or phone (609) 984-5801.

ETHNICS ADVISORY COUNCIL NAMED

TO ADVISE STATE ON PROGRAM NEEDS

Gov. Brendan Byrne recently named a new 16-memberEthnics Advisory Council to advise his administration onthe types of educational, cultural and historical programsit should have for the State's various ethnic groups.

After issuing an executive order establishing the paneland introducing the members, Byrne told those gatheredat a special ceremony in his outer office:

"This is a great opportunity to get this input into NewJersey because New Jersey is particularly a State madeup of various ethnic cultures. We are not really a meltingpot where we all meld into one amorphous culture".

Byrne said one of New Jersey's uppermost needs is"to keep the best traditions of the diverse backgroundsalive".

INDEX FOR THIS ISSUE(Continued from front cover)

TRANSPORTATIONPropose U.S. 46 speed limits 45O(a)Proposal on Route 57 right turns 450(b)Propose Route 94 restricted parking 450(c)Propose changes on U.S. 206 no-passing 451(a)Propose changes on restricted parking 45l(b)Propose D.O.T. parking rules , , 452(a)Propose D.O.T. public records changes 453(a)Amend parking on various routes , , 454(a)Rule on Bordentown Township yield 454(b)One-way traffic on Route 35 454(c)Restricted parking on Route 34 455(a)Speed limits on 1-280 455(b)Restricted parking on various routes 455(c)Amend Route 47 speed limits 455(d)

TREASURYPropose lottery agent licensing change 455(e)Propose health benefit program changes 456(a)Amend classification of investment funds 456(b)Gross income tax withholding rule .. , 457(a)Amend Hoor covering sales and use tax 457(b)Amend business personal property tax 457(c)Emergency changes on assessment appeals 457(d)

OTHER AGENCIESPropose changes on casino betting limits 458(a)Propose Parkway toll lane changes 459(a)Propose Parkway camper towing changes 459(b)Revise security charges at airports 460(a)

•ADMINISTRATIVE CODE Interim Index 435

•PUBLIC INTEREST NEWS 460

TWO SUPERVISORS NAMED IN

~fTORNEY GENERAL'S OFFICEL \e-n ,. -,. ,-_"'=-~ ~~~~-4-_~Ji':a.. ~ L-"!-..a. --=-~,~,~~

State Deputy Attorneys General Ermillle L. Conley andLeroy D. Touchton were recently promoted to supervisorypositIOns in the Division of Law.

Conley now is the division's assistant attorney generalin charge of administrative agency hearings, while Touchton was promoted to chief of administrative services.

Conley will supervise the division's attorneys in all hearings before administrative agencies. In addition, he willcontinue to assist division director Stephen Skillman inthe review of all work before the State and Federal appellate courts.

As chief of administrative services, Touchton will be responsible for budget, personnel, administrative and relatedlegal matters associated with daily operations.

15 MORE COMMISSIONS ABOLISHED

Governor Brendan Byrne recently signed two billsabolishing 15 more commissions which had either outlived their purpose or completed their assignments.

The action was a continuation of steps Byrne hastaken since January to purge useless advisory and studygroups, eliminating some by executive order while signinging bills to abolish others.

By the latest action Byrne brought to an end the following commissions: Energy Crisis Study Commission,Commission on Income Maintenance, Election Law Revision Commission, 1974 Gubernatorial Inaugural Commission, Insurance Law Revision Commission, JuvenileCourt Law Revision Commission, Mass TransportationSystem Study Commission, Commission on Open SpacePolicy, Public Employer-Employe Relations Study Commission and the Task Force on UI"ban Programs.

Also, the State Air Safety Commission, State CapitalDevelopment Commission, State Rules of Court ReviewCommission and the Commission on State Tax Policy.

I Next Rules FILING DEADLINE Oct. 23 I



Documents

VOLUME 10 • NUMBER10 INDEX OF RULES IN THIS ISSUE · NeWJERS'EY 'REGISTER The official publication containing notices of proposed rules and rules adopted by State agencies pursuant